SECTION A - Solicitation/Contract Form ................................................................................................. 4
A-1 FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS. (JUN 2008) ......... 4
A-2 FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS. (JAN 1999) .......................................... 4
SECTION B - Supplies or Services/Prices .................................................................................................. 5
B-1 FIXED PRICE FOR SERVICES- ........................................................................................................ 5
B-2 CONSIDERATION AND PAYMENT--ITEMIZED FIXED PRICES (EP 52.216-170) (APR
1984)............................................................................................................................................................... 5
C-1 LOCAL CLAUSES 52.210-100 STATEMENT OF WORK/PERFORMANCE WORK
STATEMENT/SPECIFICATIONS ............................................................................................................ 6
C-2 NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES ON EVIRONMENTAL
PROTECTION AGENCY (EPA) CONTRACTS (EP 52.000-0000) (NOV 1994) .................................. 6
C-3 COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES
MANAGEMENT (EPAAR 1552.211-79) (OCT 2000) DEVIATION ...................................................... 7
C-4 ACQUISITION AND USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS AND
SERVICES (EP-S 97-1) (MAY 1999) ......................................................................................................... 8
SECTION D - Packaging and Marking ...................................................................................................... 9
SECTION E - Inspection and Acceptance .................................................................................................10
E-1 FAR 52.246-2 INSPECTION OF SUPPLIES - FIXED-PRICE. (AUG 1996).................................10
E-2 FAR 52.246-4 INSPECTION OF SERVICES - FIXED-PRICE. (AUG 1996) ................................10
E-3 FAR 52.246-16 RESPONSIBILITY FOR SUPPLIES. (APR 1984) .................................................10
E-4 INSPECTION AND ACCEPTANCE (EP-52.246-100) (APR 1984) ................................................10
The various Regions and OAR Labs.SECTION F - Deliveries or Performance....................................10
SECTION F - Deliveries or Performance ..................................................................................................11
F-1 FAR 52.211-11 LIQUIDATED DAMAGES - SUPPLIES, SERVICES, OR RESEARCH AND
DEVELOPMENT. (SEP 2000) ...................................................................................................................11
F-2 FAR 52.242-15 STOP-WORK ORDER. (AUG 1989) .......................................................................11
F-3 FAR 52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984) ...............................................11
F-4 MONTHLY PROGRESS REPORT (EPAAR 1552.211-72) (JUN 1996) DEVIATION.................11
F-5 PERIOD OF PERFORMANCE (EP 52.212-140) (APR 1984) .........................................................13
SECTION G - Contract Administration Data ..........................................................................................14
G-1 FAR 27.305-2 ADMINISTRATION BY THE GOVERNMENT. ....................................................14
G.2 CONTRACT ADMINISTRATION REPRESENTATIVES (EP 52.242-100) (AUG 1984) ...........15
G.3 SUBCONTRACT CONSENT (EP 52.244-100) (APR 1984).............................................................15
SECTION H - Special Contract Requirements ........................................................................................16
H-1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (JUN
2010)..............................................................................................................................................................16
H.2 DISPLAY OF EPA OFFICE OF INSPECTOR GENERAL HOTLINE POSTER (EPAAR
1552.203-71) (AUG 2000) ............................................................................................................................21
H.3 PRINTING (EPAAR 1552.208-70) (DEC 2005) ................................................................................21
H.4 ORGANIZATION CONFLICTS OF INTEREST (EPAAR 1552.209-71) (MAY 1994)
ALTERNATE I (MAR 1994)......................................................................................................................23
H.5 OPTION TO EXTEND THE TERM OF THE CONTRACT – FIXED PRICE (EPAAR
1552.217-77) (OCT 2000) ............................................................................................................................24
H.6 UTILIZATION OF RURAL AREA SMALL BUSINESS CONCERNS (EP 52.219-110) (APR
1990)..............................................................................................................................................................25
H.7 UTILIZATION OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES (EP
52.219-115) (JUL 1991) ...............................................................................................................................26
H.8 SCREENING BUSINESS INFORMATION FOR CLAIMS OF CONFIDENTIALITY (EPAAR
1552.235-70) (APR 1984).............................................................................................................................26
H.9 TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-71) (APR
1984)..............................................................................................................................................................27
H.10 TECHNICAL DIRECTION (EPAAR 1552.237-71) (APR 1984) DEVIATION .........................27
H.11 RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION (EPAAR
1552.235-79) .................................................................................................................................................28
H.12 KEY PERSONNEL (EPAAR 1552.237-72) (APR 1984) ...............................................................29
Page 1 of 60
H.14 PAPERWORK REDUCTION (EPAAR 1552.237-75) (APR 1984) ...............................................30
SECTION I - Contract Clauses ..................................................................................................................31
I-1 FAR 52.202-1 DEFINITIONS. (JUL 2004) .........................................................................................31
I-2 FAR 52.203-3 GRATUITIES. (APR 1984) ..........................................................................................31
I-3 FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES. (APR 1984) ..................................31
I-4 FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT.
(SEP 2006) ....................................................................................................................................................31
I-5 FAR 52.203-7 ANTI-KICKBACK PROCEDURES. (OCT 2010) .....................................................31
I-6 FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR
ILLEGAL OR IMPROPER ACTIVITY. (JAN 1997) .............................................................................31
I-7 FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY.
(JAN 1997)....................................................................................................................................................31
I-8 FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS. (OCT 2010) .................................................................................................................31
I-9 FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (APR 2010)
.......................................................................................................................................................................31
I-10 FAR 52.203-14 DISPLAY OF HOTLINE POSTER(S). (DEC 2007)..............................................31
I-11 FAR 52.204-1 APPROVAL OF CONTRACT. (DEC 1989) ............................................................31
I-12 FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER. (AUG 2000)
.......................................................................................................................................................................31
I-13 FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION. (APR 2008) ................................31
I-14 FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL.
(JAN 2011)....................................................................................................................................................31
I-15 FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER
SUBCONTRACT AWARDS. (JUL 2010) .................................................................................................32
I-16 FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT. (DEC 2010) .......................................................................................................................32
I-17 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS. (APR 2011) -- ALTERNATE II
(DEC 2010) ...................................................................................................................................................32
I-18 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES. (OCT 1997) ............................37
I-19 FAR 52.216-24 LIMITATION OF GOVERNMENT LIABILITY. (APR 1984) ...........................38
I-20 FAR 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999) ...................................................38
I-21 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000) ..........38
I-22 FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (JAN 2011) .....................39
I-23 FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN. (JAN 2011) ............................40
I-24 FAR 52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN. (JAN 1999)............40
I-25 FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (AUG
2003)..............................................................................................................................................................40
I-26 FAR 52.223-6 DRUG-FREE WORKPLACE. (MAY 2001).............................................................41
I-27 FAR 52.223-14 TOXIC CHEMICAL RELEASE REPORTING. (AUG 2003) .............................41
I-28 FAR 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS. (DEC 2007)
.......................................................................................................................................................................41
I-29 FAR 52.223-18 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING.
(SEP 2010) ....................................................................................................................................................41
I-30 FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008) ...........41
I-31 FAR 52.225-25 PROHIBITION ON ENGAGING IN SANCTIONED ACTIVITIES RELATING
TO IRAN-CERTIFICATION. (SEP 2010) ...............................................................................................41
I-32 FAR 52.226-6 PROMOTING EXCESS FOOD DONATION TO NONPROFIT
ORGANIZATIONS. (MAR 2009) ...........................................................................................................41
I-33 FAR 52.227-14 RIGHTS IN DATA--GENERAL. (DEC 2007) .......................................................41
I-34 FAR 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION. (JAN 1997) .41
I-35 FAR 52.232-1 PAYMENTS. (APR 1984) ...........................................................................................41
I-36 FAR 52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (FEB 2002) ..........................................41
I-37 FAR 52.232-23 ASSIGNMENT OF CLAIMS. (JAN 1986) .............................................................41
Page 2 of 60
I-38 FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL
CONTRACTOR REGISTRATION. (OCT 2003) ....................................................................................41
I-39 FAR 52.233-3 PROTEST AFTER AWARD. (AUG 1996) ...............................................................41
I-40 FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004) ....41
I-41 FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND
VEGETATION. (APR 1984) ......................................................................................................................41
I-42 FAR 52.239-1 PRIVACY OR SECURITY SAFEGUARDS. (AUG 1996) ......................................41
I-43 FAR 52.242-2 PRODUCTION PROGRESS REPORTS. (APR 1991) ............................................41
I-44 FAR 52.244-5 COMPETITION IN SUBCONTRACTING. (DEC 1996) .......................................41
I-45 FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (DEC 2010) ...........................41
I-46 FAR 52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES.
(AUG 2010) ..................................................................................................................................................42
I-47 FAR 52.246-20 WARRANTY OF SERVICES. (MAY 2001) ..........................................................43
I-48 FAR 52.251-1 GOVERNMENT SUPPLY SOURCES. (AUG 2010) ...............................................43
I-49 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998) .............................43
I-50 FAR 52.252-4 ALTERATIONS IN CONTRACT. (APR 1984) .......................................................43
I-51 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (APR 1984) ...................................43
SECTION J - List of Documents, Exhibits and Other Attachments .......................................................45
SECTION K - Representations, Certifications, and Other Statements of Bidders ...............................47
K-1 FAR 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS). (MAY
1999)..............................................................................................................................................................47
K-2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (JAN 2011) ............47
K-3 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (JAN 2011) ...50
K-4 FAR 52.215-6 PLACE OF PERFORMANCE. (OCT 1997) .............................................................51
K-5 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. (APR 2011) .................52
K-6 FAR 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING. (AUG
2003)..............................................................................................................................................................54
SECTION L - Instructions, Conditions, and Notices to Bidders .............................................................56
L-1 FAR 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER. (APR 2008) ..56
L-2 FAR 52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION. (JAN
2004)..............................................................................................................................................................56
L-3 FAR 52.216-1 TYPE OF CONTRACT. (APR 1984) .........................................................................56
L-4 FAR 52.233-2 SERVICE OF PROTEST. (SEP 2006) .......................................................................56
L-5 FAR 52.237-1 SITE VISIT. (APR 1984) .............................................................................................56
L-6 PAST PERFORMANCE INFORMATION (EPAAR 1552.215-75) (OCT 2000) ...........................57
L-7 TECHNICAL QUESTIONS (EP 52.215-110) (APR 1984) ...............................................................59
SECTION M - Evaluation Factors for Award ..........................................................................................60
M-1 FAR 52.217-5 EVALUATION OF OPTIONS. (JUL 1990) .............................................................60
M-2 EPA SOURCE EVALUATION AND SELECTION PROCEDURES – NEGOTIATED
PROCUREMENTS (EPAAR 1552.215-70) (AUG 1999) .........................................................................60
M-3 EVALUATION FACTORS FOR AWARD (EPAAR 1552.215-71) (AUG 1999) ..........................60
Page 3 of 60
SECTION A - Solicitation/Contract Form
A-1 FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS. (JUN 2008)
A-2 FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS. (JAN 1999)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror
whose offer conforming to the solicitation will be most advantageous to the Government, price
and other factors considered. The following factors shall be used to evaluate offers:
Technical Capability/Approach, Staffing plan, Corporate Experience and past performance, when
combined, are equal to cost/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)
Page 4 of 60
SECTION B - Supplies or Services/Prices
B-1 FIXED PRICE FOR SERVICES-
The following fixed prices shall apply for payment purposes for the duration of the contract.
Base Period
CLIN 0001 Pre and Post Installation, Installation of Voice over Internet Protocol
(VoIP) at Regions 6, 9, 10 and Office of Air and Radiation(OAR) Labs
(Montgomery, AL; Las Vegas, NV and Ann Arbor, MI) {Section 4.1
thru 4.16}
$__________________
Option Period I
CLIN 0002 Annual Maintenance for VoIP (includes maintenance, support services,
i.e. equipment and software upgrades) – One Year
$__________________
Option Period II
CLIN 0003 Annual Maintenance for VoIP (includes maintenance, support services,
i.e. equipment and software upgrades) – One Year
$__________________
Option Period III
CLIN 0004 Annual Maintenance for VoIP (includes maintenance, support services,
i.e. equipment and software upgrades) - One Year
$__________________
The fixed prices, set forth above cover all expenses, including report preparation, salaries, overhead,
general and administrative expenses, and profit.
The Contractor shall voucher for only the time of the personnel whose services are applied directly to the
work called for the contract and accepted by the Project Officer. The Government shall pay the Contractor
for the pre/post installation, installation, and maintenance at the fixed price in effect when the contract was
issued, even if performance under the contract crosses into another period.
B-2 CONSIDERATION AND PAYMENT--ITEMIZED FIXED PRICES (EP 52.216-170) (APR
1984)
The fixed price of this contract is $TBD. Payment will be made upon delivery and acceptance of
required services as provided by the resultant contract and accepted by the Government.
Page 5 of 60
SECTION C - Description/Specifications
C-1 LOCAL CLAUSES 52.210-100 STATEMENT OF WORK/PERFORMANCE WORK
STATEMENT/SPECIFICATIONS
The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as
otherwise specified), to perform the Statement of Work included in Attachment Number 1.
C-2 NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES ON EVIRONMENTAL
PROTECTION AGENCY (EPA) CONTRACTS (EP 52.000-0000) (NOV 1994)
The Contractor shall not perform any of the following activities on behalf of EPA in connection with this
contract:
1. The actual preparation of Congressional testimony.
2. The interviewing or hiring of individuals for employment at EPA.
3. Developing and/or writing of Position Descriptions and Performance Standards.
4. The actual determination of Agency policy.
5. Participating as a voting member on a Performance Evaluation Board; participating in and/or
attending Award Fee meetings.
6. Preparing Award Fee Letters, even under typing services contracts.
7. The actual preparation of Award Fee Plans.
8. The preparation of documents on EPA Letterhead other than routine administrative correspondence.
9. Reviewing vouchers and invoices for the purposes of determining whether costs, hours, and work
performed are reasonable.
10. The preparation of Statements of Work, Work Assignments, Technical Direction Documents,
Delivery Orders, or any other work issuance document under a contract that the contractor is performing or
may perform. Such a work issuance document, prepared by an EPA prime contractor under an EPA prime
contract for its subcontractor, is exempt from this prohibition.
11. The actual preparation of responses to audit reports from the Inspector General, General Accounting
Office, or other auditing entities.
12. Preparing responses to Congressional correspondence.
13. The actual preparation of responses to Freedom of Information Act requests, other than routine,
non-judgmental correspondence.
14. Any contract which authorizes a contractor to represent itself as EPA to outside parties.
15. Conducting administrative hearings.
16. Reviewing findings concerning the eligibility of EPA employees for security clearances.
17. The actual preparation of an office's official budget request.
Page 6 of 60
C-3 COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES
MANAGEMENT (EPAAR 1552.211-79) (OCT 2000) DEVIATION
(a) Definition. Information Resources Management (IRM) is defined as any planning, budgeting,
organizing, directing, training, promoting, controlling, and managing activities associated with the burden,
collection, creation, use and dissemination of information. IRM includes both information itself, and the
management of information and related resources such as personnel, equipment, funds, and technology.
Examples of these services include but are not limited to the following:
(1) The acquisition, creation, or modification of a computer program or automated data base for
delivery to EPA or use by EPA or contractors operating EPA programs.
(2) The analysis of requirements for, study of the feasibility of, evaluation of alternatives for, or
design and development of a computer program or automated data base for use by EPA or contractors
operating EPA programs.
(3) Services that provide EPA personnel access to or use of computer or word processing
equipment, software, or related services.
(4) Services that provide EPA personnel access to or use of: Data communications; electronic
messaging services or capabilities; electronic bulletin boards, or other forms of electronic information
dissemination; electronic record-keeping; or any other automated information services.
(b) General. The Contractor shall perform any IRM related work under this contract in accordance
with the IRM policies, standards and procedures set forth in this clause and noted below. Upon receipt of
a work request (i.e. delivery order or work assignment), the Contractor shall check this listing of directives
(see paragraph (d) for electronic access). The applicable directives for performance of the work request
are those in effect on the date of issuance of the work request.
(1) IRM Policies, Standards and Procedures. The 2100 Series (2100-2199) of the Agency's
Directive System contains the majority of the Agency's IRM policies, standards and procedures.
(2) Groundwater Program IRM Requirement. A contractor performing any work related to
collecting Groundwater data; or developing or enhancing data bases containing Groundwater quality data
shall comply with EPA Order 7500.1A - Minimum Set of Data Elements for Groundwater.
(3) EPA Computing and Telecommunications Services. The Enterprise Technology Services
Division (ETSD) Operational Directives Manual contains procedural information about the operation of the
Agency's computing and telecommunications services. Contractors performing work for the Agency's
National Computer Center or those who are developing systems which will be
operating on the Agency's national platforms must comply with procedures established in the Manual.
(This document may be found at: http://basin.rtpnc.epa.gov/etsd/directives.nsf>).
(4) Enterprise Architecture (EA). Contractors performing IRM activities on behalf of the Agency
shall conform with EPA’s Enterprise Architecture as specified in EPA’s EA Status Report found at EPA’s
internet website - http://www.epa.gov/docs/irmpoli8.
(5) Earned Value Management (EVM). Contractors performing IRM activities on behalf of the
Agency shall conform to EPA’s Earned Value Management System requirements, shall be in compliance
with the ANSI/EIA standard 748-A, and shall conform to all EPA governing documents associated with
EPA’s Information Technology (IT) infrastructure. EPA’s EVM Procedures, dated December 30, 2004,
includes all the requirements for this paragraph and may be found on EPA’s internet website -
http://www.epa.gov/docs/irmpoli8.
Page 7 of 60
(c) Printed Documents. Documents listed in (b)(1) and (b)(2) may be obtained from:
U.S. Environmental Protection Agency
Office of Administration
Facilities Management and Services Division
Distribution Section
Mail Code: 3204
Ariel Rios Building
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460
Phone: (202) 260-5797
(d) Electronic Access. Electronic access. A complete listing, including full text, of documents included
in the 2100 Series of the Agency's Directive System is maintained on the EPA Public Access Server on the
Internet at http://epa.gov/docs/irmpoli8/.
C-4 ACQUISITION AND USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS AND
SERVICES (EP-S 97-1) (MAY 1999)
(a) Executive Order 13101 of September 14, 1998, entitled “Greening the Government through Waste
Prevention, Recycling, and Federal Acquisition” and Section 6002 of the Resource Conservation and
Recovery Act (RCRA) of 1976, as amended (42 U.S.C. 6962, Pub L. 94-580, 90 Stat. 2822) require Federal
agencies to procure designated items with the highest recovered materials content practicable.
(b) In the performance of this contract, the Contractor shall comply with the requirements of the
following issuances:
(1) Title 40 of the Code of Federal Regulations, Part 247, Comprehensive Guideline for
Procurement of Products Containing Recovered Materials (CPG), which designates items that are or can be
made with recovered materials, and its companion pieces, the Recovered Materials Advisory Notices
(RMANs). The CPG and RMANs provide recommended procurement practices, including recommended
recovered material content levels, for purchasing products designated in the CPG. The Contractor shall
comply with these recommendations, and such other CPG revisions and RMANs as the Environmental
Protection Agency (EPA) may issue with respect to the procurement of products that contain recovered
materials. (Copies of the CPG or RMANs, as well as information on manufacturers and vendors of
designated items may be obtained by calling EPA’s RCRA Hotline at (800) 424-9346, or, in the
Washington, D.C., metropolitan area, at (703) 412-9810.)
(2) In complying with the requirements of paragraph (b), the Contractor shall coordinate its
concerns and program guidance with EPA’s Recycling Coordinator.
(c) The Contractor shall prepare and submit reports on the purchase of products containing recovered
materials from time to time in accordance with written direction (e.g., in specified format) from the EPA
Recycling Coordinator through the Contracting Officer. Reports shall be submitted to the EPA Recycling
Coordinator, with a copy to the Contracting Officer, Mail Code 3204, Washington, D.C. 20460.
Page 8 of 60
SECTION D - Packaging and Marking
Page 9 of 60
SECTION E - Inspection and Acceptance
E-1 FAR 52.246-2 INSPECTION OF SUPPLIES - FIXED-PRICE. (AUG 1996)
E-2 FAR 52.246-4 INSPECTION OF SERVICES - FIXED-PRICE. (AUG 1996)
E-3 FAR 52.246-16 RESPONSIBILITY FOR SUPPLIES. (APR 1984)
E-4 INSPECTION AND ACCEPTANCE (EP-52.246-100) (APR 1984)
(a) The Contracting Officer or the duly authorized representative will perform inspection and
acceptance of materials and services to be provided.
(b) For the purposes of this clause, Project Officer is the authorized representative of the Contracting
Officer.
(c) Inspection and acceptance will be performed at:
The various Regions and OAR Labs.
Page 10 of 60
SECTION F - Deliveries or Performance
F-1 FAR 52.211-11 LIQUIDATED DAMAGES - SUPPLIES, SERVICES, OR RESEARCH AND
DEVELOPMENT. (SEP 2000)
(a) If the Contractor fails to deliver the supplies or perform the services within the time specified
in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated
damages of $[100 ] per calendar day of delay up to 120 days.
F-2 FAR 52.242-15 STOP-WORK ORDER. (AUG 1989)
F-3 FAR 52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)
F-4 MONTHLY PROGRESS REPORT (EPAAR 1552.211-72) (JUN 1996) DEVIATION
(a) The Contractor shall furnish __3___ copies of the combined monthly technical and financial progress
report stating the progress made, including the percentage of the project completed, and a description of the
work accomplished to support the cost. If the work is ordered using work assignments or delivery orders,
include the estimated percentage of task completed during the reporting period for each work assignment or
delivery order.
(b) Specific discussions shall include difficulties encountered and remedial action taken during the
reporting period, and anticipated activity with a schedule of deliverables for the subsequent reporting
period.
(c) The Contractor shall provide a list of outstanding actions awaiting Contracting Officer authorization,
noted with the corresponding work assignment, such as subcontractor, overtime approvals, and work plan
approvals.
(d) The report shall specify financial status at the contract level as follows:
(1) For the current reporting period, display the amount claimed.
(2) For the cumulative period and the cumulative contract life display: the amount obligated,
amount originally invoiced, amount paid, amount suspended, amount disallowed, and remaining approved
amount. The remaining approved amount is defined as the total obligated amount, less the total amount
originally invoiced, plus total amount disallowed.
(3) Labor hours.
(i) A list of employees, their labor categories, and the numbers of hours worked for the reporting
period.
(ii) For the current reporting period, display the expended direct labor hours(by EPA contract
labor category), and the total loaded direct labor costs.
(iii) For the cumulative contract period display: the negotiated and expended direct labor
hours(by EPA labor category) and the total loaded direct labor costs.
(iv) Display the estimated direct labor hours and costs to be expended during the next reporting
period.
(4) Display the current dollar ceilings in the contract, net amount invoiced, and remaining amounts
for the following categories: Direct labor hours, total estimated cost, award fee pool (if applicable),
subcontracts by individual subcontractor, travel, program management, and Other Direct Costs (ODCs).
Page 11 of 60
(5) Unbilled allowable costs. Display the total costs incurred but unbilled for the current
reporting period and cumulative for the contract.
(6) Average total cost per labor hour. For the current contract period, compare the actual total
cost per hour to date with the average total cost per hour of the approved workplans.
(e) The report shall specify financial status at the work assignment or delivery order level as follows:
(1) For the current period, display the amount claimed.
(2) For the cumulative period display: amount shown on workplan, or latest work
assignment/delivery order amendment amount (whichever is later); amount currently claimed; amount paid;
amount suspended; amount disallowed; and remaining approved amount. The remaining approved amount
is defined as: the workplan amount or latest work assignment or delivery order amount (whichever is
later), less total amounts originally invoiced, plus total amount disallowed.
(3) Labor hours.
(I) A list of employees, their labor categories, and the number of hours worked for the
reporting period.
(ii) For the current reporting period, display the expended direct labor hours (by EPA contract
labor hour category) and the total loaded direct labor hours.
(iii) For the cumulative reporting period and cumulative contract period display: the negotiated
and expended direct labor hours (by EPA contract labor hour category) and the total loaded direct labor
costs.
(iv) Display the estimated direct labor hours and costs to be expended during the next reporting
period.
(v) Display the estimates of remaining direct labor hours and costs required to complete the
work assignment or delivery order.
(4) Unbilled allowable costs. Display the total costs incurred but unbilled for the current
reporting period and cumulative for the work assignment.
(5) Average cost per labor hour. For the current period, compare the actual total cost per hour of
the approved workplans.
(6) A list of deliverables for each work assignment or delivery order during the reporting period.
(f) This submission does not change the notification requirements of the "Limitation of Cost" or
"Limitation of Funds" clauses requiring separate written notice to the Contracting Officer.
(g) The reports shall be submitted to the following addresses on or before the 15 of each month following
the first complete reporting period of the contract. See EPAAR 1552.232-70, Submission of Invoices,
paragraph (e), for details on the timing of submittals. Distribute reports as follows:
No. of
Copies Addressee
------- -------------------------
1 Administrative Contracting Officer
1 Task Order Project Officer
1 Regional or Lab Contracting Officer Representative (ACOR)
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F-5 PERIOD OF PERFORMANCE (EP 52.212-140) (APR 1984)
The period of performance of this contract shall be from Date of Award through Date of Award plus
approximately 515 calendar days {this includes 150 days for installation, Government acceptance of VoIP
Systems and 1 year of maintenance after acceptance of the VoIP system by the Government} exclusive of
all required reports.
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SECTION G - Contract Administration Data
G-1 FAR 27.305-2 ADMINISTRATION BY THE GOVERNMENT.
(a) Agencies should establish and maintain appropriate follow-up procedures to protect the
Government's interest and to check that subject inventions are identified and disclosed, and when
appropriate, patent applications are filed, and that the Government's rights therein are established
and protected. Follow-up activities for contracts that include a clause referenced in 27.304-2
should be coordinated with the appropriate agency.
(b)(1) The contracting officer administering the contract (or other representative specifically
designated in the contract for this purpose) is responsible for receiving invention disclosures,
reports, confirmatory instruments, notices, requests, and other documents and information
submitted by the contractor pursuant to a patent rights clause.
(i) For other than confirmatory instruments, if the contractor fails to furnish
documents or information as called for by the clause within the time required,
the contracting officer shall promptly request the contractor to supply the
required documents or information. If the failure persists, the contracting officer
shall take appropriate action to secure compliance.
(ii) If the contractor does not furnish confirmatory instruments within 6 months
after filing each patent application, or within 6 months after submitting the
invention disclosure if the application has been previously filed, the contracting
officer shall request the contractor to supply the required documents.
(2) The contracting officer shall promptly furnish all invention disclosures, reports,
confirmatory instruments, notices, requests, and other documents and information
relating to patent rights clauses to legal counsel.
(c) Contracting activities should establish appropriate procedures to detect and correct failures by
the contractor to comply with its obligations under the patent rights clauses, such as failures to
disclose and report subject inventions, both during and after contract performance. Government
effort to review and correct contractor compliance with its patent rights obligations should be
directed primarily toward contracts that are more likely to result in subject inventions significant
in number or quality. These contracts include contracts of a research, developmental, or
experimental nature; contracts of a large dollar amount; and any other contracts when there is
reason to believe the contractor may not be complying with its contractual obligations. Other
contracts may be reviewed using a spot-check method, as feasible. Appropriate follow-up
procedures and activities may include the investigation or review of selected contracts or
contractors by those qualified in patent and technical matters to detect failures to comply with
contract obligations.
(d) Follow-up activities should include, where appropriate, use of Government patent personnel -
(1) To interview agency technical personnel to identify novel developments made in
contracts;
(2) To review technical reports submitted by contractors with cognizant agency technical
personnel;
(3) To check the Official Gazette of the United States Patent and Trademark Office and
other sources for patents issued to the contractor in fields related to its Government
contracts; and
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(4) To have cognizant Government personnel interview contractor personnel regarding
work under the contract involved, observe the work on site, and inspect laboratory
notebooks and other records of the contractor related to work under the contract.
(e) If a contractor or subcontractor does not have a clear understanding of its obligations under the
clause, or its procedures for complying with the clause are deficient, the contracting officer should
explain to the contractor its obligations. The withholding of payments provision (if any) of the
patent rights clause may be invoked if the contractor fails to meet the obligations required by the
patents rights clause. Significant or repeated failures by a contractor to comply with the patent
rights obligation in its contracts shall be documented and made a part of the general file (see
4.801(c)(3)).
G.2 CONTRACT ADMINISTRATION REPRESENTATIVES (EP 52.242-100) (AUG 1984)
Project Officer(s) for this contract:
Project Officer:
TO BE IDENTIFIED AT TIME OF CONTRACT AWARD
Contract Specialist(s) responsible for administering this contract:
Administrative Contracting Officer:
TO BE IDENTIFIED AT TIME OF CONTRACT AWARD
G.3 SUBCONTRACT CONSENT (EP 52.244-100) (APR 1984)
The Contractor shall submit the information required by the "Subcontracts,"
clause to the Contracting Officer and assigned Project Officer. The Contracting
Officer will provide written notice to the Contractor of his decision.
Consent is given to issue the following subcontracts:
TBD
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SECTION H - Special Contract Requirements
H-1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (JUN
2010)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that
conform to the requirements of this contract. The Government reserves the right to inspect or test
any supplies or services that have been tendered for acceptance. The Government may require
repair or replacement of nonconforming supplies or reperformance of nonconforming services at
no increase in contract price. If repair/replacement or reperformance will not correct the defects or
is not possible, the Government may seek an equitable price reduction or adequate consideration
for acceptance of nonconforming supplies or services. The Government must exercise its
post-acceptance rights -
(1) Within a reasonable time after the defect was discovered or should have been
discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is
due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a
result of performance of this contract to a bank, trust company, or other financing institution,
including any Federal lending agency in accordance with the Assignment of Claims Act (31
U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide
commercial purchase card), the Contractor may not assign its rights to receive payment under this
contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written
agreement of the parties.
(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.
601-613). Failure of the parties to this contract to reach agreement on any request for equitable
adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be
resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by
reference. The Contractor shall proceed diligently with performance of this contract, pending final
resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of the Contractor and without its fault or
negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe
weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in
writing as soon as it is reasonably possible after the commencement of any excusable delay,
setting forth the full particulars in connection therewith, shall remedy such occurrence with all
reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the
cessation of such occurrence.
(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic
invoice, if authorized) to the address designated in the contract to receive invoices. An invoice
must include--
(i) Name and address of the Contractor;
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(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order
number;
(iv) Description, quantity, unit of measure, unit price and extended price of the
items delivered;
(v) Shipping number and date of shipment, including the bill of lading number
and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective
invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN
on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the
invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in
order for the invoice to be a proper invoice, the Contractor shall have
submitted correct EFT banking information in accordance with the
applicable solicitation provision, contract clause (e.g., 52.232-33,
Payment by Electronic Funds Transfer--Central Contractor
Registration, or 52.232-34, Payment by Electronic Funds
Transfer--Other Than Central Contractor Registration), or applicable
agency procedures.
(C) EFT banking information is not required if the Government waived
the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.
3903) and Office of Management and Budget (OMB) prompt payment regulations at 5
CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees
and agents against liability, including costs, for actual or alleged direct or contributory
infringement of, or inducement to infringe, any United States or foreign patent, trademark or
copyright, arising out of the performance of this contract, provided the Contractor is reasonably
notified of such claims and proceedings.
(i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government
that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt
Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see
52.212-5(b) for the appropriate EFT clause.
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(4) Discount. In connection with any discount offered for early payment, time shall be
computed from the date of the invoice. For the purpose of computing the discount earned,
payment shall be considered to have been made on the date which appears on the
payment check or the specified payment date if an electronic funds transfer payment is
made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or
invoice payment or that the Government has otherwise overpaid on a contract financing
or invoice payment, the Contractor shall--
(i) Remit the overpayment amount to the payment office cited in the contract
along with a description of the overpayment including the--
(A) Circumstances of the overpayment (e.g., duplicate payment,
erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the
Contracting Officer.
(6) Interest. (i) All amounts that become payable by the Contractor to the Government
under this contract shall bear simple interest from the date due until paid unless paid
within 30 days of becoming due. The interest rate shall be the interest rate established by
the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of
1978 (Public Law 95-563), which is applicable to the period in which the amount
becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for
each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon
finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as
required by 33.211 if--
(A) The Contracting Officer and the Contractor are unable to reach
agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the
Contracting Officer within the timeline specified in the demand for
payment unless the amounts were not repaid because the Contractor has
requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt
previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for
payment included in the final decision shall identify the same due date as the
original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
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(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any
demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar
days involved beginning on the due date and ending on--
(A) The date on which the designated office receives payment from the
Contractor;
(B) The date of issuance of a Government check to the Contractor from
which an amount otherwise payable has been withheld as a credit
against the contract debt; or
(C) The date on which an amount withheld and applied to the contract
debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the
procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in
effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the
supplies provided under this contract shall remain with the Contractor until, and shall pass to the
Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract,
if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate
this contract, or any part hereof, for its sole convenience. In the event of such termination, the
Contractor shall immediately stop all work hereunder and shall immediately cause any and all of
its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor
shall be paid a percentage of the contract price reflecting the percentage of the work performed
prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the
satisfaction of the Government using its standard record keeping system, have resulted from the
termination. The Contractor shall not be required to comply with the cost accounting standards or
contract cost principles for this purpose. This paragraph does not give the Government any right to
audit the Contractor's records. The Contractor shall not be paid for any work performed or costs
incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for
cause in the event of any default by the Contractor, or if the Contractor fails to comply with any
contract terms and conditions, or fails to provide the Government, upon request, with adequate
assurances of future performance. In the event of termination for cause, the Government shall not
be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor
shall be liable to the Government for any and all rights and remedies provided by law. If it is
determined that the Government improperly terminated this contract for default, such termination
shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract
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shall pass to the Government upon acceptance, regardless of when or where the Government takes
physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are
merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor
will not be liable to the Government for consequential damages resulting from any defect or
deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local
laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with
31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal
contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work
Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and
10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41
U.S.C. 423 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by
giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance
with Laws Unique to Government Contracts paragraphs of this clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for
computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract,
the Contractor is responsible during performance and through final payment of any contract for the
accuracy and completeness of the data within the CCR database, and for any liability resulting
from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR
database after the initial registration, the Contractor is required to review and update on an annual
basis from the date of initial registration or subsequent updates its information in the CCR
database to ensure it is current, accurate and complete. Updating information in the CCR does not
alter the terms and conditions of this contract and is not a substitute for a properly executed
contractual document.
(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or
division name (whichever is shown on the contract), or has transferred the assets used in
performing the contract, but has not completed the necessary requirements regarding
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novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall
provide the responsible Contracting Officer a minimum of one business day's written
notification of its intention to (A) change the name in the CCR database; (B) comply with
the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures
specified by the responsible Contracting Officer. The Contractor must provide with the
notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i)
of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this
clause, and, in the absence of a properly executed novation or change-of-name
agreement, the CCR information that shows the Contractor to be other than the
Contractor indicated in the contract will be considered to be incorrect
information within the meaning of the "Suspension of Payment" paragraph of
the electronic funds transfer (EFT) clause of this contract.
(3) The Contractor shall not change the name or address for EFT payments or manual
payments, as appropriate, in the CCR record to reflect an assignee for the purpose of
assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be
separately registered in the CCR database. Information provided to the Contractor's CCR
record that indicates payments, including those made by EFT, to an ultimate recipient
other than that Contractor will be considered to be incorrect information within the
meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual
confirmation requirements via the internet at http://www.ccr.gov or by calling
1-888-227-2423 or 269-961-5757.
(End of clause)
H.2 DISPLAY OF EPA OFFICE OF INSPECTOR GENERAL HOTLINE POSTER (EPAAR
1552.203-71) (AUG 2000)
(a) For EPA contracts valued at $1,000,000 or more including all contract options, the contractor shall
prominently display EPA Office of Inspector General Hotline posters in contractor facilities where the
work is performed under the contract.
(b) Office of Inspector General hotline posters may be obtained from the EPA Office of Inspector
General, ATTN: OIG Hotline (2443), 1200 Pennsylvania Avenue, NW, Washington, DC 20460, or by
calling (202) 260-5113.
(c) The Contractor need not comply with paragraph (a) of this clause if it has established a mechanism,
such as a hotline, by which employees may report suspected instances of improper conduct, and provided
instructions that encourage employees to make such reports.
H.3 PRINTING (EPAAR 1552.208-70) (DEC 2005)
(a) Definitions.
“Printing” is the process of composition, plate making, presswork, binding and microform; or the end
items produced by such processes and equipment. Printing services include newsletter production and
periodicals which are prohibited under EPA contracts.
“Composition” applies to the setting of type by hot-metal casting, photo typesetting, or electronic
character generating devices for the purpose of producing camera copy, negatives, a plate or image to be
used in the production of printing or microform.
“Camera copy” (or “camera-ready copy”) is a final document
suitable for printing/duplication.
“Desktop Publishing” is a method of composition using computers with the final output or generation
of camera copy done by a color inkjet or color laser printer. This is not considered “printing.” However, if
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the output from desktop publishing is being sent to a typesetting device (i.e., Linotronic) with camera copy
being produced in either paper or negative format, these services are considered “printing”.
“Microform” is any product produced in a miniaturized image format, for mass or general distribution
and as a substitute for conventionally printed material. Microform services are classified as printing
services and includes microfiche and microfilm. The contractor may make up to two sets of microform files
for archival purposes at the end of the contract period of performance.
“Duplication” means the making of copies on photocopy machines employing electrostatic, thermal, or
other processes without using an intermediary such as a negative or plate.
“Requirement” means an individual photocopying task. (There may be multiple requirements under a
Work Assignment or Delivery Order. Each requirement would be subject to the photocopying limitation of
5,000 copies of one page or 25,000 copies of multiple pages in the aggregate per requirement).
“Incidental” means a draft and/or proofed document (not a final document) that is not prohibited from
printing under EPA contracts.
(b) Prohibition.
(1) The contractor shall not engage in, nor subcontract for, any printing in connection with the
performance of work under this contract. Duplication of more than 5,000 copies of one page or more than
25,000 copies of multiple pages in the aggregate per requirement constitutes printing. The intent of the
limitation is eliminate duplication of final documents.
(2) In compliance with EPA Order 2200.4a, EPA Publication Review Procedure, the Office of
Communications, Education, and Media Relations is responsible for the review of materials generated
under a contract published or issued by the Agency under a contract intended for release to the public.
(c) Affirmative Requirements.
(1) Unless otherwise directed by the contracting officer, the contractor shall use double-sided
copying to produce any progress report, draft report or final report.
(2) Unless otherwise directed by the contracting officer, the contractor shall use recycled paper for
reports delivered to the Agency which meet the minimum content standards for paper and paper products as
set forth in EPA's Web site for the Comprehensive Procurement Guidelines at: http://www.epa.gov/cpg/.
(d) Permitted Contractor Activities.
(1) The prohibitions contained in paragraph (b) do not preclude writing, editing, or preparing
manuscript copy, or preparing related illustrative material to a final document (camera-ready copy) using
desktop publishing.
(2) The contractor may perform a requirement involving the duplication of less than 5,000 copies
of only one page, or less than 25,000 copies of multiple pages in the aggregate, using one color (black),
such pages shall not exceed the maximum image size of 10\3/4\ by 14\1/4\ inches, or 11 by 17 paper stock.
Duplication services below these thresholds are not considered printing. If performance of the contract will
require duplication in excess of these thresholds, contractors must immediately notify the contracting
officer in writing. The contracting officer must obtain a waiver from the
U. S. Congress Joint Committee on Printing if it is deemed appropriate to exceed the duplication
thresholds. Duplication services of “incidentals” in excess of the thresholds, are allowable.
(3) The contractor may perform a requirement involving the multi-color duplication of no more
than 100 pages in the aggregate using color copier technology, such pages shall not exceed the maximum
image size of 10\3/4\ by 14\1/4\ inches, or 11 by 17 paper stock. Duplication services below these
thresholds are not considered printing. If performance of the contract will require duplication in excess of
these limits, contractors must immediately notify the contracting officer in writing. The contracting officer
must obtain a waiver from the U. S. Congress Joint Committee on Printing.
(4) The contractor may perform the duplication of no more than a total of 100 diskettes or
CD-ROM's. Duplication services below these thresholds are not considered printing. If performance of the
contract will require duplication in excess of these thresholds, contractors must immediately notify the
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contracting officer in writing. The contracting officer must obtain a waiver from the U. S. Congress Joint
Committee on Printing.
(e) Violations.
The contractor may not engage in, nor subcontract for, any printing in connection with the performance
of work under the contract. The cost of any printing services in violation of this clause will be disallowed,
or not accepted by the Government.
(f) Flowdown Provision.
The contractor shall include in each subcontract which may involve a requirement for any
printing/duplicating/copying a provision substantially the same as this clause.
H.4 ORGANIZATION CONFLICTS OF INTEREST (EPAAR 1552.209-71) (MAY 1994)
ALTERNATE I (MAR 1994)
(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, as defined in
FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.
(b) Prior to commencement of any work, the Contractor agrees to notify the Contracting Officer
immediately that, to the best of its knowledge and belief, no actual or potential conflict of interest exists or
to identify to the Contracting Officer any actual or potential conflict of interest the firm may have. In
emergency situations, however, work may begin but notification shall be made within five (5) working
days.
(c) The Contractor agrees that if an actual or potential organizational conflict of interest is identified
during performance, the Contractor will immediately make a full disclosure in writing to the Contracting
Officer. This disclosure shall 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 of interest. The Contractor shall continue performance until notified by the Contracting
Officer of any contrary action to be taken.
(d) Remedies - The EPA may terminate this contract for convenience, in whole or in part, if it deems
such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a
potential organizational conflict of interest prior to award or discovered an actual or potential conflict after
award and did not disclose it or misrepresented relevant information to the Contracting Officer, 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.
(e)The Contractor agrees to insert in each subcontract or consultant agreement placed hereunder provisions
which shall conform substantially to the language of this clause, including this paragraph, unless otherwise
authorized by the Contracting Officer.
(a) In accordance with Federal Acquisition Regulation (FAR) Subpart 42.15 and EPAAR Deviation
1542.15, past performance evaluations shall be prepared and submitted electronically to the Past
Performance Information Retrieval System (PPIRS). The process for submitting evaluation reports to
PPIRS shall be through use of the Contractor Performance Assessment Reporting System (CPARS) which
has connectivity with PPIRS.
Using CPARS, EPA shall evaluate contractor performance using the following evaluation factors as
applicable: Technical (Quality of Product), Product Performance, Systems Engineering, Software
Engineering, Logistic Support/Sustainment, Product Assurance, Other Technical Performance, Schedule,
Cost Control (Not Applicable for Firm-Fixed Price or Firm-Fixed Price with Economic Price Adjustment),
Management, Management Responsiveness, Subcontract Management, Program Management and Other
Management, Other Areas, and Utilization of Small Business.
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Each evaluation factor shall be rated in accordance with a five scale rating system: Red/Unsatisfactory,
Yellow/Marginal, Green/Satisfactory, Purple/Very Good, and Dark Blue/Exceptional, N/A = Not
Applicable. Plus or minus signs may be used to indicate an improving (+) or worsening (-) trend
insufficient to change assessment status.
(b) The contractor shall designate representatives to whom the evaluations will be sent automatically and
electronically. The name, title, e-mail address and phone number of the designated contractor
representative shall be provided to the contracting officer who will, in turn, provide that information to
their CPARS Focal Point administrator for authorization access. Any changes in designated contractor
personnel shall be the sole responsibility of the contractor to inform the contracting officer and the CPARS
Focal Point.
The contractor has thirty (30) calendar days from the date of the contractor's receipt of the Report to review
and provide a response to the contracting officer regarding the contents of the Report. The response shall be
sent through CPARS.
The contractor's response to the Report may include written comments, rebuttals (disagreements), or
additional information. If the contractor does not respond to the Report within the designated thirty (30)
calendar days, the specified ratings in the Report are deemed appropriate for the evaluation period. In this
instance, the contracting officer shall complete the Agency review and finalize the evaluation in CPARS
after expiration of the specified 30 calendar days.
If the contractor submits comments, rebuttals (disagreements), or additional information to the contracting
officer which contests the ratings, the contracting officer, in consultation with the contract level contracting
officer’s representative and/or applicable official, shall initially try to resolve the disagreement with the
contractor.
If the disagreement is not resolved between the contractor and the contracting officer, the matter will be
referred, as promptly as possible, to the Reviewing Official (an official at least one level above the
contracting officer or contract specialist) for resolution.
The Agency Reviewing Official shall record a determination in CPARS. The ultimate conclusion on the
performance evaluation is a decision of the EPA.
The contracting officer shall complete the Agency review and finalize the evaluation in CPARS after the
contracting officer receives the Agency Reviewing Official’s determination.
An interim or final report is considered completed after the contracting officer finalizes the evaluation in
CPARS.
H.5 OPTION TO EXTEND THE TERM OF THE CONTRACT – FIXED PRICE (EPAAR
1552.217-77) (OCT 2000)
The Government has the option to extend the effective period of this contract for 3 additional period(s). If
more than thirty (30) days remain in the contract effective period, the Government, without prior written
notification, may exercise this option by issuing a contract modification. To unilaterally exercise this
option within the last 30 days of the effective period, the Government must issue written notification of its
intent to exercise the option prior to that last 30-day period. This preliminary notification does not commit
the Government to exercising the option.
(a) The “Period of Performance” clause will be amended as follows to cover Base and Option
Periods:
Page 24 of 60
Period of Performance Start Date End Date
Option Period I April 2013* March 2014*
Option Period II April 2014* March 2015*
Option Period III April 2015* March 2016*
*These dates are approximation and will depend on installation and acceptance of the VoIP system during
the base period.
(b) During the Option Period(s) the Contractor shall provide the services described below:
Option Period I As stated in the Statement of Work – Maintenance of the VoIP Systems plus any
equipment or software upgrades for one year after expiration of the Base Period
of the contract.
Option Period II As stated in the Statement of Work – Maintenance of the VoIP System plus any
Equipment or software upgrades for one year after expiration of Option Period I
Option Period III As stated in the Statement of Work – Maintenance of the VoIP Systems plus any
Equipment or software upgrades for one year after expiration of Option Period II
(c) The "Consideration and Payment" clause will be amended to reflect increased fixed prices for each
option period as follows:
Fixed Price Option Period
$ _________________ Option Period I
$ _________________ Option Period II
$ _________________ Option Period III
H.6 UTILIZATION OF RURAL AREA SMALL BUSINESS CONCERNS (EP 52.219-110) (APR
1990)
(a) (1) "Rural area small business concern," as used in this clause, means a small business concern that is
located and conducts its principal operations in a rural geographic area (county or parish) listed in the Small
Business Administration's Listing of Non-Metropolitan Rural Counties by State.
(2) "Small business concern," as used in this clause, 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 and size standard in 13 CFR 121.
(b) It is the policy of the Environmental Protection Agency (EPA) that rural area small business concerns
shall have the maximum practicable opportunity to participate in performing contracts awarded by EPA.
(c) The contractor shall use its best efforts to give rural area small business concerns the opportunity to
participate in the subcontracts it awards to the fullest extent consistent with efficient performance of this
contract.
(d) The contractor shall incorporate the substance of this clause in any subcontract that may provide for
additional subcontracting opportunities.
Page 25 of 60
H.7 UTILIZATION OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES (EP
52.219-115) (JUL 1991)
(a) It is the Policy of the Environmental Protection Agency that historically black colleges and
universities shall have the maximum practicable opportunity to participate in performing contracts awarded
by the Agency.
(b) The Contractor shall use its best efforts to give historically black colleges and universities the
opportunity to participate in any subcontracts awarded to the fullest extent consistent with efficient
performance of this contract.
(c) The contractor shall incorporate the substance of this clause in any subcontract which may provide for
additional subcontracting opportunities.
H.8 SCREENING BUSINESS INFORMATION FOR CLAIMS OF CONFIDENTIALITY (EPAAR
1552.235-70) (APR 1984)
(a) Whenever collecting information under this contract, the Contractor agrees to comply with the
following requirements:
(1) If the Contractor collects information from public sources, such as books, reports, journals,
periodicals, public records, or other sources that are available to the public without restriction, the
Contractor shall submit a list of these sources to the appropriate program office at the time the information
is initially submitted to EPA. The Contractor shall identify the information according to source.
(2) If the Contractor collects information from a State or local Government or from a Federal agency,
the Contractor shall submit a list of these sources to the appropriate program office at the time the
information is initially submitted to EPA. The Contractor shall identify the information according to
source.
(3) If the Contractor collects information directly from a business or from a source that represents a
business or businesses, such as a trade association:
(i) Before asking for the information, the Contractor shall identify itself, explain that it is
performing contractual work for the Environmental Protection Agency, identify the information that it is
seeking to collect, explain what will be done with the information, and give the following notice:
(A) You may, if you desire, assert a business confidentiality claim covering part or all of the
information. If you do assert a claim, the information will be disclosed by EPA only to the extent, and by
means of the procedures, set forth in 40 CFR Part 2, Subpart B.
(B) If no such claim is made at the time this information is received by the Contractor, it may
be made available to the public by the Environmental Protection Agency without further notice to you.
(C) The Contractor shall, in accordance with FAR Part 9, execute a written agreement
regarding the limitations of the use of this information and forward a copy of the agreement to the
Contracting Officer.
(ii) Upon receiving the information, the Contractor shall make a written notation that the notice
set out above was given to the source, by whom, in what form, and on what date.
(iii) At the time the Contractor initially submits the information to the appropriate program office,
the Contractor shall submit a list of these sources, identify the information according to source, and indicate
Page 26 of 60
whether the source made any confidentiality claim and the nature and extent of the claim.
(b) The Contractor shall keep all information collected from nonpublic sources confidential in accordance
with the clause in this contract entitled "Treatment of Confidential Business Information" as if it had been
furnished to the Contractor by EPA.
(c) The Contractor agrees to obtain the written consent of the Contracting Officer, after a written
determination by the appropriate program office, prior to entering into any subcontract that will require the
subcontractor to collect information. The Contractor agrees to include this clause, including this paragraph
(c), and the clause entitled "Treatment of Confidential Business Information" in all subcontracts awarded
pursuant to this contract that require the subcontractor to collect information.
H.9 TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION (EPAAR 1552.235-71) (APR
1984)
(a) The Contracting Officer, after a written determination by the appropriate program office, may disclose
confidential business information (CBI) to the Contractor necessary to carry out the work required under
this contract. The Contractor agrees to use the CBI only under the following conditions:
(1) The Contractor and Contractor's employees shall: (i) use the CBI only for the purposes of carrying
out the work required by the contract; (ii) not disclose the information to anyone other than properly
cleared EPA employees without the prior written approval of the Assistant General Counsel for Contracts
and Information Law; and (iii) return to the Contracting Officer all copies of the information, and any
abstracts or excerpts therefrom, upon request by the Contracting Officer, whenever the information is no
longer required by the Contractor for the performance of the work required by the contract, or upon
completion of the contract.
(2) The Contractor shall obtain a written agreement to honor the above limitations from each of the
Contractor's employees who will have access to the information before the employee is allowed access.
(3) The Contractor agrees that these contract conditions concerning the use and disclosure of CBI are
included for the benefit of, and shall be enforceable by, both EPA and any affected businesses having a
proprietary interest in the information.
(4) The Contractor shall not use any CBI supplied by EPA or obtained during performance hereunder
to compete with any business to which the CBI relates.
(b) The Contractor agrees to obtain the written consent of the CO, after a written determination by the
appropriate program office, prior to entering into any subcontract that will involve the disclosure of CBI by
the Contractor to the subcontractor. The Contractor agrees to include this clause, including this paragraph
(b), in all subcontracts awarded pursuant to this contract that require the furnishing of CBI to the
subcontractor.
H.10 TECHNICAL DIRECTION (EPAAR 1552.237-71) (APR 1984) DEVIATION
(a) The Project Officer is the primary representative of the Contracting Officer authorized to provide
technical direction on contract performance.
(b) Individuals other than the Project Officer may be authorized to provide technical direction. If
individuals other than the Project Officer are authorized to provide technical direction, their names will be
specified in the contract, delivery order, work assignment or technical direction document as appropriate.
A Delivery Order Project Officer, Work Assignment Manager or Task Manager is authorized to provide
technical direction, subject to the limitations set forth below, only on his/her delivery order, work
assignment or technical direction document.
Page 27 of 60
(c) Technical direction includes:
(1) Direction to the contractor which assists the contractor in accomplishing the Statement of Work.
(2) Comments on and approval of reports or other deliverables.
(d) Technical direction must be within the contract and the delivery order, work assignment or technical
direction document statement of work. The Project Officer or any other technical representative of the
Contracting Officer does not have the authority to issue technical direction which (1) institutes additional
work outside the scope of the contract, delivery order, work assignment or technical direction document;
(2) constitutes a change as defined in the "Changes" clause; (3) causes an increase or decrease in the
estimated cost of the contract, delivery order, work assignment or technical direction document; (4) alters
the period of performance; or (5) changes any of the other express terms or conditions of the contract,
delivery order, work assignment or technical direction document.
(d) Technical direction will be issued in writing or confirmed in writing within five (5) calendar days
after verbal issuance. One copy of the technical direction memorandum will be forwarded to the
Contracting Officer and the Project Officer.
H.11 RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION (EPAAR
1552.235-79)
(a) The Environmental Protection Agency (EPA) may find it necessary to release information submitted by
the Contractor either in response to this solicitation or pursuant to the provisions of this contract, to
individuals not employed by EPA. Business information that is ordinarily entitled to confidential
treatment under existing Agency regulations (40 C.F.R. Part 2) may be included in the information released
to these individuals. Accordingly, by submission of this proposal or signature on this contract or other
contracts, the Contractor hereby consents to a limited release of its confidential business information (CBI).
(b) Possible circumstances where the Agency may release the Contractor's CBI include, but are not
limited to the following:
(1) To other Agency contractors tasked with assisting the Agency in the recovery of Federal funds
expended pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42
U.S.C. Sec. 9607, as amended, (CERCLA or Superfund);
(2) To the U.S. Department of Justice (DOJ) and contractors employed by DOJ for use in advising
the Agency and representing the Agency in procedures for the recovery of Superfund expenditures;
(3) To parties liable, or potentially liable, for costs under CERCLA Sec. 107 (42 U.S.C. Sec.
9607), et al, and their insurers (Potentially Responsible Parties) for purposes of facilitating settlement or
litigation of claims against such parties;
(4) To other Agency contractors who, for purposes of performing the work required under the
respective contracts, require access to information the Agency obtained under the Clean Air Act (42 U.S.C.
7401 et seq.); the Federal Water Pollution Control Act (33 U.S.C.1251 et seq.); the Safe Drinking Water
Act (42 U.S.C. 300f et seq.); the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.);
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.); the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.); or the Comprehensive Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9601 et seq.);
(5) To other Agency contractors tasked with assisting the Agency in handling and processing
information and documents in the administration of Agency contracts, such as providing both preaward and
post award audit support and specialized technical support to the Agency's technical evaluation panels;
(6) To employees of grantees working at EPA under the Senior Environmental Employment (SEE)
Page 28 of 60
Program;
(7) To Speaker of the House, President of the Senate, or Chairman of a Committee or
Subcommittee;
(8) To entities such as the General Accounting Office, boards of contract appeals, and the Courts
in the resolution of solicitation or contract protests and disputes;
(9) To Agency contractor employees engaged in information systems analysis, development,
operation, and maintenance, including performing data processing and management functions for the
Agency; and
(10) Pursuant to a court order or court-supervised agreement.
(c) The Agency recognizes an obligation to protect the contractor from competitive harm that may result
from the release of such information to a competitor. (See also the clauses in this document entitled
"Screening Business Information for Claims of Confidentiality" and "Treatment of Confidential Business
Information.") Except where otherwise provided by law, the Agency will permit the release of CBI under
subparagraphs (1), (3), (4), (5), (6), or (9) only pursuant to a confidentiality agreement.
(d) With respect to contractors, 1552.235-71 will be used as the confidentiality agreement. With respect
to Potentially Responsible Parties, such confidentiality agreements may permit further disclosure to other
entities where necessary to further settlement or litigation of claims under CERCLA. Such entities
include, but are not limited to accounting firms and technical experts able to analyze the information,
provided that they also agree to be bound by an appropriate confidentiality agreement.
(e) This clause does not authorize the Agency to release the Contractor's CBI to the public pursuant to a
request filed under the Freedom of Information Act.
(f) The Contractor agrees to include this clause, including this paragraph (f), in all subcontracts at all
levels awarded pursuant to this contract that require the furnishing of confidential business information by
the subcontractor.
H.12 KEY PERSONNEL (EPAAR 1552.237-72) (APR 1984)
(a) The Contractor shall assign to this contract the following key personnel:
_Program Manager _______________________
and Designated Alternate to Project Manager_______________________
(b) During the first year (365) calendar days of performance, the Contractor shall make no substitutions
of key personnel unless the substitution is necessitated by illness, death, or termination of employment.
The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of
these events and provide the information required by paragraph (c) of this clause. After the initial 90-day
period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at
least 15 days prior to making any permanent substitutions.
(c) 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. Proposed substitutes should have comparable qualifications to those of the
persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after
receipt of all required information of the decision on substitutions. This clause will be modified to reflect
any approved changes of key personnel.
Page 29 of 60
H.13 MENTOR-PROTÉGÉ PROGRAM (EPAAR 219-70) (OCT 2000)
(a) The Contractor has been approved to participate in the EPA Mentor-Protege program. The purpose of
the Program is to increase the participation of small disadvantaged businesses (SDBs) as subcontractors,
suppliers, and ultimately as prime contractors; to establish a mutually beneficial relationship with SDB's
and EPA's large business prime contractors (although small businesses may participate as Mentors); to
develop the technical and corporate administrative expertise of SDBs which will ultimately lead to greater
success in competition for contract opportunities; to promote the economic stability of SDBs; and to aid in
the achievement of goals for the use of SDBs in subcontracting activities under EPA contracts.
(b) The Contractor shall submit an executed Mentor-Protege agreement to the contracting officer, with a
copy to the Office of Small and Disadvantaged Business Utilization or the Small Business Specialist,
within thirty (30) calendar days after the effective date of the contract. The contracting officer will notify
the Contractor within thirty (30) calendar days from its submission if the agreement is not accepted.
(c) The Contractor as a Mentor under the Program agrees to fulfill the terms of its agreement(s) with the
Protege firm(s).
(d) If the Contractor or Protege firm is suspended or debarred while performing under an approved
Mentor-Protege agreement, the Contractor shall promptly give notice of the suspension or debarment to the
Office of Small and Disadvantaged Business Utilization and the contracting officer.
(e) Costs incurred by the Contractor in fulfilling their agreement(s) with the Protege firm(s) are not
reimbursable on a direct basis under this contract.
(f) In an attachment to Standard Form 294, Subcontracts Report for Individual Contracts, the Contractor
shall report on the progress made under their Mentor-Protege agreement(s), providing:
(1) The number of agreements in effect; and
(2) The progress in achieving the developmental assistance objectives under each agreement,
including whether the objectives of the agreement have been met, problem areas encountered, and any
other appropriate information.
H.14 PAPERWORK REDUCTION (EPAAR 1552.237-75) (APR 1984)
If it is established at award or subsequently becomes a contractual requirement to collect identical
information from ten (10) or more public respondents, the Paperwork Reduction Act of 1980, 44 U.S.C.
3501 et seq. applies. In that event, the Contractor shall not take any action to solicit information from any
of the public respondents until notified in writing by the Contracting Officer that the required Office of
Management and Budget (OMB) final clearance was received.
Page 30 of 60
SECTION I - Contract Clauses
I-1 FAR 52.202-1 DEFINITIONS. (JUL 2004)
I-2 FAR 52.203-3 GRATUITIES. (APR 1984)
I-3 FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES. (APR 1984)
I-4 FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT.
(SEP 2006)
I-5 FAR 52.203-7 ANTI-KICKBACK PROCEDURES. (OCT 2010)
I-6 FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR
ILLEGAL OR IMPROPER ACTIVITY. (JAN 1997)
I-7 FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY.
(JAN 1997)
I-8 FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS. (OCT 2010)
I-9 FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (APR 2010)
I-10 FAR 52.203-14 DISPLAY OF HOTLINE POSTER(S). (DEC 2007)
I-11 FAR 52.204-1 APPROVAL OF CONTRACT. (DEC 1989)
This contract is subject to the written approval of Contracting Officer and shall not be binding until so
approved.
(End of clause)
I-12 FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER. (AUG 2000)
I-13 FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION. (APR 2008)
I-14 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.
Page 31 of 60
(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 this 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.
(End of Clause)
I-15 FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER
SUBCONTRACT AWARDS. (JUL 2010)
I-16 FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT. (DEC 2010)
I-17 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS. (APR 2011) -- ALTERNATE II
(DEC 2010)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses,
which are incorporated in this contract by reference, to implement provisions of law or Executive
orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
[ ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77,
108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions
of law or Executive orders applicable to acquisitions of commercial items: 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).
[X ](2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L.
110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
[ ](3) 52.203-15, Whistleblower Protections under the American Recovery and
Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to
contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X ](4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract
Awards (JUL 2010)(Pub. L. 109-282)(31 U.S.C. 6101 note).
Page 32 of 60
[ ](5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements
(JUL 2010) (Pub. L. 111-5).
[ ] (6) 52.209-6, Protecting the Government's Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C.
6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the
acquisition of commercially available off-the-shelf items).
[ ](7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (JAN 2011)
(15 U.S.C. 657a).
[ ](8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in
its offer) (15 U.S.C. 657a).
[ ](9) (Reserved).
[ ](10)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUN 2003) (15 U.S.C.
644).
[ ](ii) Alternate I (OCT 1995) of 52.219-6.
[ ] (iii) Alternate II (MAR 2004) of 52.219-6.
[ ](11)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C.
644).
[ ](ii) Alternate I (OCT 1995) of 52.219-7.
[ ] (iii) Alternate II (MAR 2004) of 52.219-7.
[X ](12) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637
(d)(2) and (3)).
[X ](13)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C.
637(d)(4).
[ ](ii) Alternate I (OCT 2001) of 52.219-9.
[ ](iii) Alternate II (OCT 2001) of 52.219-9.
[ ](iv) Alternate III (JUL 2010) of 52.219-9.
[ X](14) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).
[X ](15) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C.
637(d)(4)(F)(i)).
[ ](16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged
Business Concerns (OCT 2008) (10 U.S.C. 2323)(if the offeror elects to waive the
adjustment, it shall so indicate in its offer.)
[ ](ii) Alternate I (JUN 2003) of 52.219-23.
[ ](17) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged
Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
Page 33 of 60
[ ](18) 52.219-26, Small Disadvantaged Business Participation Program--Incentive
Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
[ ](19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business
Set-Aside (MAY 2004)(15 U.S.C. 657 f).
[ ](20) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15
U.S.C. 632(a)(2)).
[ ](21) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged
Women-Owned Small Business (EDWOSB) Concerns (APR 2011).
[ ](22) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB)
Concerns Eligible Under the WOSB Program (APR 2011).
[ ](23) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[ ](24) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010)
(E.O. 13126).
[ ](25) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).
[ ](26) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
[ ](27) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
[ ](28) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29
U.S.C. 793).
[ ](29) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
[ ](30) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (DEC 2010) (E.O. 13496).
[ ](31) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order
12989). (Not applicable to the acquisition of commercially available off-the-shelf items
or certain other types of commercial items as prescribed in 22.1803.)
[ ](32)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for
EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the
acquisition of commercially available off-the-shelf items.)
[ ](ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not
applicable to the acquisition of commercially available off-the-shelf items.)
[X ](33) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42
U.S.C. 8259b).
[ ](34)(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](35) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP
2010)(E.O 13513).
Page 34 of 60
[ ](36) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).
[ ](37)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN
2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805
note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and
110-138).
[ ](ii) Alternate I (JAN 2004) of 52.225-3.
[ ](iii) Alternate II (JAN 2004) of 52.225-3.
[ ](38) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
[ ](39) 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).
[ ](40) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42
U.S.C. 5150).
[ ](41) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area
(NOV 2007) (42 U.S.C. 5150).
[ ](42) 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)).
[ ](43) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C.
255(f), 10 U.S.C. 2307(f)).
[X ](44) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor
Registration (OCT 2003) (31 U.S.C. 3332).
[ ](45) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor
Registration (MAY 1999) (31 U.S.C. 3332).
[ ](46) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).
[X ](47) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[ ](48)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels
(FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
[ ](ii) Alternate I (APR 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to
commercial services, that the Contracting Officer has indicated as being incorporated in this
contract by reference to implement provisions of law or Executive orders applicable to
acquisitions of commercial items: (Contracting Officer check as appropriate.)
[ ](1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).
[ ](2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29
U.S.C. 206 and 41 U.S.C. 351, et seq.).
Page 35 of 60
[ ](3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment
(Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et
seq.).
[ ](4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment
(SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
[ ](5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts
for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV
2007) (41 U.S.C. 351, et seq.).
[ ](6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts
for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
[ ](7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR
2009) (Pub. L. 110-247).
[ X](8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C.
5112(p)(1)).
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed
under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized
representative of either of the foregoing officials shall have access to and right to--
(i) Examine any of the Contractor's or any subcontractors' records that pertain to,
and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(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), and (c), of this
clause, the Contractor is not required to flow down any FAR clause in a subcontract for
commercial
items, other than--
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts,
except the authority of the Inspector General under paragraph (d)(1)(ii) does not
flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated
below, the extent of the flow down shall be as required by the clause--
Page 36 of 60
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (APR
2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(B) 52.203-15, Whistleblower Protections Under the American
Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of
Pub. L. 111-5).
(C) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15
U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further
subcontracting opportunities. If the subcontract (except subcontracts to
small business concerns) exceeds $650,000 ($1.5 million for
construction of any public facility), the subcontractor must include
52.219-8 in lower tier subcontracts that offer subcontracting
opportunities.
(D) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(E) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C.
4212).
(F) 52.222-36, Affirmative Action for Workers with Disabilities (OCT
2010) (29 U.S.C. 793).
(G) 52.222-40, Notification of Employee Rights Under the National
Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in
accordance with paragraph (f) of FAR clause 52.222-40.
(H) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C.
351, et seq.).
(I) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22
U.S.C. 7104(g)).
(J) 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.).
(K) 52.222-53, Exemption from Application of the Service Contract
Act to Contracts for Certain Services-Requirements (FEB 2009) (41
U.S.C. 351, et seq.).
(L) 52.222-54, Employment Eligibility Verification (JAN 2009).
(M) 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.
(N) 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.
(End of clause)
I-18 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES. (OCT 1997)
Page 37 of 60
(a) The Contractor shall make the following notifications in writing:
(1) When the Contractor becomes aware that a change in its ownership has occurred, or is
certain to occur, that could result in changes in the valuation of its capitalized assets in
the accounting records, the Contractor shall notify the Administrative Contracting Officer
(ACO) within 30 days.
(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset
valuations or any other cost changes have occurred or are certain to occur as a result of a
change in ownership.
(b) The Contractor shall -
(1) Maintain current, accurate, and complete inventory records of assets and their costs;
(2) Provide the ACO or designated representative ready access to the records upon
request;
(3) Ensure that all individual and grouped assets, their capitalized values, accumulated
depreciation or amortization, and remaining useful lives are identified accurately before
and after each of the Contractor's ownership changes; and
(4) Retain and continue to maintain depreciation and amortization schedules based on the
asset records maintained before each Contractor ownership change.
(c) The Contractor shall include the substance of this clause in all subcontracts under this contract
that meet the applicability requirement of FAR 15.408(k).
(End of clause)
I-19 FAR 52.216-24 LIMITATION OF GOVERNMENT LIABILITY. (APR 1984)
(a) In performing this contract, the Contractor is not authorized to make expenditures or incur
obligations exceeding [ ]dollars.
(b) The maximum amount for which the Government shall be liable if this contract is terminated is
[ ]dollars.
(End of clause)
I-20 FAR 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)
I-21 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 [X]days (60 days unless a different number of days is inserted)
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 [10 months and 4 years ](months)(years).
(End of clause)
Page 38 of 60
I-22 FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (JAN 2011)
(a) It is the policy of the United States that small business concerns, veteran-owned small business
concerns, service-disabled veteran-owned small business concerns, HUBZone small business
concerns, small disadvantaged business concerns, and women-owned small business concerns
shall have the maximum practicable opportunity to participate in performing contracts let by any
Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and
related services for major systems. It is further the policy of the United States that its prime
contractors establish procedures to ensure the timely payment of amounts due pursuant to the
terms of their subcontracts with small business concerns, veteran-owned small business concerns,
service-disabled veteran-owned small business concerns, HUBZone small business concerns,
small disadvantaged business concerns, and women-owned small business concerns.
(b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the
fullest extent consistent with efficient contract performance. The Contractor further agrees to
cooperate in any studies or surveys as may be conducted by the United States Small Business
Administration or the awarding agency of the United States as may be necessary to determine the
extent of the Contractor's compliance with this clause.
(c) Definitions. As used in this contract -
"HUBZone small business concern" means a small business concern that appears on the List of Qualified
HUBZone Small Business Concerns maintained by the Small Business Administration.
"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 small business as defined pursuant to Section 3 of the Small Business
Act and relevant regulations promulgated pursuant thereto.
"Small disadvantaged business concern" means a small business concern that represents, as part of its offer
that -
(1)(i) It has received certification as a small disadvantaged business concern consistent
with 13 CFR part 124, Subpart B;
(ii) No material change in disadvantaged ownership and control has occurred
since its certification;
(iii) Where the concern is owned by one or more individuals, 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
Page 39 of 60
124.104(c)(2); and
(iv) It is identified, on the date of its representation, as a certified small
disadvantaged business in the CCR Dynamic Small Business Search database
maintained by the Small Business Administration, or
(2) It represents in writing that it qualifies as a small disadvantaged business (SDB) for
any Federal subcontracting program, and believes in good faith that it is owned and
controlled by one or more socially and economically disadvantaged individuals and
meets the SDB eligibility criteria of 13 CFR 124.1002.
"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 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.
(d)(1) Contractors acting in good faith may rely on written representations by their subcontractors
regarding their status as a small business concern, a veteran-owned small business concern, a
service-disabled veteran-owned small business concern, a small disadvantaged business concern,
or a women-owned small business concern.
(2) The Contractor shall confirm that a subcontractor representing itself as a HUBZone
small business concern is certified by SBA as a HUBZone small business concern by
accessing the Central Contractor Registration (CCR) database or by contacting the SBA.
Options for contacting the SBA include -
(i) HUBZone small business database search application Web page at
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=
linklog&to=http://dsbs.sba.gov/dsbs/search/dsp_searchhubzone.cfm; or
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=
linklog&to=http://www.sba.gov/hubzone;
(ii) In writing to the Director/HUB, U.S. Small Business Administration, 409
3rd Street, SW., Washington DC 20416; or
(iii) The SBA HUBZone Help Desk at hubzone@sba.gov.
(End of clause)
I-23 FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN. (JAN 2011)
I-24 FAR 52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN. (JAN 1999)
I-25 FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (AUG
Page 40 of 60
2003)
I-26 FAR 52.223-6 DRUG-FREE WORKPLACE. (MAY 2001)
I-27 FAR 52.223-14 TOXIC CHEMICAL RELEASE REPORTING. (AUG 2003)
I-28 FAR 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS. (DEC 2007)
I-29 FAR 52.223-18 CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING.
(SEP 2010)
I-30 FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008)
I-31 FAR 52.225-25 PROHIBITION ON ENGAGING IN SANCTIONED ACTIVITIES RELATING
TO IRAN-CERTIFICATION. (SEP 2010)
I-32 FAR 52.226-6 PROMOTING EXCESS FOOD DONATION TO NONPROFIT
ORGANIZATIONS. (MAR 2009)
I-33 FAR 52.227-14 RIGHTS IN DATA--GENERAL. (DEC 2007)
I-34 FAR 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION. (JAN 1997)
(a) The Contractor shall, at its own expense, provide and maintain during the entire performance
of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or
elsewhere in the contract.
(b) Before commencing work under this contract, the Contractor shall notify the Contracting
Officer in writing that the required insurance has been obtained. The policies evidencing required
insurance shall contain an endorsement to the effect that any cancellation or any material change
adversely affecting the Government's interest shall not be effective -
(1) For such period as the laws of the State in which this contract is to be performed
prescribe; or
(2) Until 30 days after the insurer or the Contractor gives written notice to the
Contracting Officer, whichever period is longer.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in
subcontracts under this contract that require work on a Government installation and shall require
subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the
contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance,
and shall make copies available to the Contracting Officer upon request.
(End of clause)
I-35 FAR 52.232-1 PAYMENTS. (APR 1984)
I-36 FAR 52.232-8 DISCOUNTS FOR PROMPT PAYMENT. (FEB 2002)
I-37 FAR 52.232-23 ASSIGNMENT OF CLAIMS. (JAN 1986)
I-38 FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL
CONTRACTOR REGISTRATION. (OCT 2003)
I-39 FAR 52.233-3 PROTEST AFTER AWARD. (AUG 1996)
I-40 FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)
I-41 FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND
VEGETATION. (APR 1984)
I-42 FAR 52.239-1 PRIVACY OR SECURITY SAFEGUARDS. (AUG 1996)
I-43 FAR 52.242-2 PRODUCTION PROGRESS REPORTS. (APR 1991)
I-44 FAR 52.244-5 COMPETITION IN SUBCONTRACTING. (DEC 1996)
I-45 FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (DEC 2010)
(a) Definitions. As used in this clause--
"Commercial item" has the meaning contained in Federal Acquisition Regulation 2.101,
Definitions.
Page 41 of 60
"Subcontract" includes a transfer of commercial items between divisions, subsidiaries, or affiliates
of the Contractor or subcontractor at any tier.
(b) To the maximum extent practicable, the Contractor shall incorporate, and require its
subcontractors at all tiers to incorporate, commercial items or non-developmental items as
components of items to be supplied under this contract.
(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)
(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract
exceeds $5,000,000 and has a performance period of more than 120 days. In
altering this clause to identify the appropriate parties, all disclosures of violation
of the civil False Claims Act or of Federal criminal law shall be directed to the
agency Office of the Inspector General, with a copy to the Contracting Officer.
(ii) 52.203-15, Whistleblower Protections Under the American Recovery and
Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the
subcontract is funded under the Recovery Act.
(iii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C.
637(d)(2) and (3)), in all subcontracts that offer further subcontracting
opportunities. If the subcontract (except subcontracts to small business
concerns) exceeds $650,000 ($1.5 million for construction of any public
facility), the subcontractor must include 52.219-8 in lower tier subcontracts that
offer subcontracting opportunities.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212(a)).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010)
(29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor
Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance
with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C.
7104(g)).
(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels
(FEB 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required
in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may flow down to subcontracts for commercial
items a minimal number of additional clauses necessary to satisfy its contractual
obligations.
(d) The Contractor shall include the terms of this clause, including this paragraph (d), in
subcontracts awarded under this contract.
(End of clause)
I-46 FAR 52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES.
(AUG 2010)
Page 42 of 60
(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor
in an "as-is, where is" condition. The Government makes no warranty regarding the suitability for
use of the Government property specified in this contract. The Contractor shall be afforded the
opportunity to inspect the Government property as specified in the solicitation.
(b) The Government bears no responsibility for repair or replacement of any lost, stolen, damaged
or destroyed Government property. If any or all of the Government property is lost, stolen,
damaged or destroyed or becomes no longer usable, the Contractor shall be responsible for
replacement of the property at Contractor expense. The Contractor shall have title to all
replacement property and shall continue to be responsible for contract performance.
(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and
title to unserviceable and scrap property resulting from contract performance. Upon notification to
the Contracting Officer, the Contractor shall remove such property from the Government premises
and dispose of it at Contractor expense.
(d) Except as provided in this clause, Government property furnished under this contract shall be
governed by the Government Property clause of this contract.
(e) Government property provided under this clause: [ ]
(End of clause)
I-47 FAR 52.246-20 WARRANTY OF SERVICES. (MAY 2001)
(b) Notwithstanding inspection and acceptance by the Government or any provision concerning
the conclusiveness thereof, the Contractor warrants that all services performed under this contract
will, at the time of acceptance, be free from defects in workmanship and conform to the
requirements of this contract. The Contracting Officer shall give written notice of any defect or
nonconformance to the Contractor [Contracting Officer shall insert the specific period of time in
which notice shall be given to the Contractor; e.g., "within 30 days from the date of acceptance by
the Government,"; within 1000 hours of use by the Government;" or other specified event whose
occurrence will terminate the period of notice, or combination of any applicable events or period
of time]. This notice shall state either -
I-48 FAR 52.251-1 GOVERNMENT SUPPLY SOURCES. (AUG 2010)
I-49 FAR 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): www.acquisition.gov
(End of clause)
I-50 FAR 52.252-4 ALTERATIONS IN CONTRACT. (APR 1984)
Portions of this contract are altered as follows: [Not applicable ]
(End of clause)
I-51 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter
1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the
date of the clause.
Page 43 of 60
(b) The use in this solicitation or contract of any [insert regulation name] (48 CFR [ ]) clause with
an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the
regulation.
(End of clause)
Page 44 of 60
SECTION J - List of Documents, Exhibits and Other Attachments
Attachment Attachment Title Date Number Cross Reference Document
Number of Pages Materials Version
1 Statement of 06/20/2011 19 BASE
Work Attachment
N
2 Attachment 2 - 06/22/2011 10 BASE
Proposal Instru
3 Evaluation 06/17/2011 3 BASE
Factors for Solicit
4 Attachment 4 - 06/15/2011 4 BASE
HSPD-12 Require
5 Attachment A - 06/17/2011 6 BASE
Facility Data
6 Avaya Phone 06/17/2011 2 BASE
Brochure
7 Avaya Handset 06/17/2011 2 BASE
Model
8 Region 6 06/17/2011 6 BASE
Enterprise VoIP
Site
9 Region 6 Facility 06/17/2011 6 BASE
Security Req
10 Region 9 VoIP 06/17/2011 6 BASE
Site Survey
11 Region 9 VoIP 06/17/2011 6 BASE
Site Survey
12 Region 9 VoIP 06/17/2011 6 BASE
Site Survey
13 Region 10 VoIP 06/17/2011 6 BASE
Site Survey
14 OAR LAB 06/17/2011 6 BASE
NAREL VoIP Site
Survey
15 OAR LAB 06/17/2011 1 BASE
NAREL Site
Survey Info
16 OAR LAB 06/17/2011 1 BASE
NAREL VoIP Site
Survey
17 OAR Ann Arbor 06/17/2011 6 BASE
VoIP Site Surve
18 OAR Las Vegas 06/17/2011 6 BASE
VoIP Site Survey
19 Past Performance 06/17/2011 4 BASE
Evaluation Fo
Page 45 of 60
20 Client 06/17/2011 1 BASE
Authorization
Letter
21 Attachment B for 06/22/2011 40 BASE
SOW Avaya Com
Page 46 of 60
SECTION K - Representations, Certifications, and Other Statements of Bidders
K-1 FAR 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS). (MAY
1999)
(b) Representation. [Complete only if the offeror is a women-owned business concern and has not
represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business
Program Representations, of this solicitation.] The offeror represents that it * is a women-owned
business concern.
K-2 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (JAN 2011)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is
541519.
(2) The small business size standard is [insert size standard].
(3) The small business size standard for a concern which submits an offer in its own
name, other than on a construction or service contract, but which proposes to furnish a
product which it did not itself manufacture, is 500 employees.
(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation,
paragraph (d) of this provision applies.
(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently
registered in CCR, and has completed the ORCA electronically, the offeror may choose
to use paragraph (d) of this provision instead of completing the corresponding individual
representations and certifications in the solicitation. The offeror shall indicate which
option applies by checking one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the
individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as
indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision
applies to solicitations when a firm-fixed-price contract or fixed-price contract
with economic price adjustment is contemplated, unless--
(A) The acquisition is to be made under the simplified acquisition
procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step
sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law
or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence
Certain Federal Transactions. This provision applies to solicitations expected to
exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations
Page 47 of 60
that do not include the clause at 52.204-7, Central Contractor Registration.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This
provision applies to solicitations that--
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its
outlying areas.
(v) 52.209-5, Certification Regarding Responsibility Matters. This provision
applies to solicitations where the contract value is expected to exceed the
simplified acquisition threshold.
(vi) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to
invitations for bids except those in which the place of performance is specified
by the Government.
(vii) 52.215-6, Place of Performance. This provision applies to solicitations
unless the place of performance is specified by the Government.
(viii) 52.219-1, Small Business Program Representations (Basic & Alternate I).
This provision applies to solicitations when the contract will be performed in
the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by
other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by
DoD, NASA, or the Coast Guard.
(ix) 52.219-2, Equal Low Bids. This provision applies to solicitations when
contracting by sealed bidding and the contract will be performed in the United
States or its outlying areas.
(x) 52.222-22, Previous Contracts and Compliance Reports. This provision
applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xi) 52.222-25, Affirmative Action Compliance. This provision applies to
solicitations, other than those for construction, when the solicitation includes the
clause at 52.222-26, Equal Opportunity.
(xii) 52.222-38, Compliance with Veterans' Employment Reporting
Requirements. This provision applies to solicitations when it is anticipated the
contract award will exceed the simplified acquisition threshold and the contract
is not for acquisition of commercial items.
(xiii) 52.223-1, Biobased Product Certification. This provision applies to
solicitations that require the delivery or specify the use of USDA-designated
items; or include the clause at 52.223-2, Affirmative Procurement of Biobased
Products Under Service and Construction Contracts.
(xiv) 52.223-4, Recovered Material Certification. This provision applies to
solicitations that are for, or specify the use of, EPA-designated items.
Page 48 of 60
(xv) 52.225-2, Buy American Act Certificate. This provision applies to
solicitations containing the clause at 52.225-1.
(xvi) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act
Certificate. (Basic, Alternate I, and Alternate II) This provision applies to
solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision
applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000,
the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $67,826,
the provision with its Alternate II applies.
(xvii) 52.225-6, Trade Agreements Certificate. This provision applies to
solicitations containing the clause at 52.225-5.
(xviii) 52.225-20, Prohibition on Conducting Restricted Business Operations in
Sudan--Certification. This provision applies to all solicitations.
(xix) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to
Iran-Certification. This provision applies to all solicitations.
(xx) 52.226-2, Historically Black College or University and Minority Institution
Representation. This provision applies to--
(A) Solicitations for research, studies, supplies, or services of the type
normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that
contain the clause at 52.219-23, Notice of Price Evaluation Adjustment
for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
(Contracting Officer check as appropriate.)
[ ](i) 52.219-22, Small Disadvantaged Business Status.
[ ](A) Basic.
[ ](B) Alternate I.
[ ](ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed
End Products.
[ ](iii) 52.222-48, Exemption from Application of the Service Contract Act to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment
Certification.
[ ](iv) 52.222-52 Exemption from Application of the Service Contract Act to
Contracts for Certain Services--Certification.
Page 49 of 60
[ ](v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered
Material Content for EPA-Designated Products (Alternate I only).
[ ](vi) 52.223-13, Certification of Toxic Chemical Release Reporting.
[ ](vii) 52.227-6, Royalty Information.
[ ](A) Basic.
[ ](B) Alternate I.
[ ](viii) 52.227-15, Representation of Limited Rights Data and Restricted
Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the
Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov.
After reviewing the ORCA database information, the offeror verifies by submission of the offer
that the representations and certifications currently posted electronically that apply to this
solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the
changes identified below (offeror to insert changes, identifying change by clause number, title,
date). 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.
-------------------------------------------------------------------------------------------------------------------
FAR Clause Title Date Change
-------------------------------------------------------------------------------------------------------------------
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update
to the representations and certifications posted on ORCA.
(End of Provision)
K-3 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (JAN 2011)
(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
Page 50 of 60
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 at http://www.ccr.gov (see 52.204-7).
(End of provision)
K-4 FAR 52.215-6 PLACE OF PERFORMANCE. (OCT 1997)
(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [
] intends, [ ] does not intend [check applicable block] to use one or more plants or facilities located
at a different address from the address of the offeror or respondent as indicated in this proposal or
response to request for information.
(b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in
the following spaces the required information:
Place of Performance Name and Address of Owner
(Street Address, City, and Operator of the Plant or
State, County, Zip Code) Respondent Facility if Other
Page 51 of 60
than Offeror or
________________________ _________________________
________________________ _________________________
(End of provision)
K-5 FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. (APR 2011)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is
[insert NAICS code].
(2) The small business size standard is [insert size standard].
(3) The small business size standard for a concern which submits an offer in its own
name, other than on a construction or service contract, but which proposes to furnish a
product which it did not itself manufacture, is 500 employees.
(b) Representations. (1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small
business concern.
(2) (Complete only if the offeror represented itself as a small business concern in
paragraph (b)(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.
(3) (Complete only if the offeror represented itself as a small business concern in
paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it [ ] is,
[ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program.
(Complete only if the offeror represented itself as a women-owned small business
concern in paragraph (b)(3) of this provision.) The offeror represents as part of its offer
that-
(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has
provided all the required documents to the WOSB Repository, and no change in
circumstances or adverse decisions have been issued that affects its eligibility;
and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13
CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is
accurate in reference to the WOSB concern or concerns that are participating in
the joint venture. [The offeror shall enter the name or names of the WOSB
concern or concerns that are participating in the joint venture: ll.] Each WOSB
concern participating in the joint venture shall submit a separate signed copy of
the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern.
(Complete only if the offeror represented itself as a women-owned small business
concern eligible under the WOSB Program in (b)(4) of this provision.) The offeror
represents as part of its offer that-
(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program,
has provided all the required documents to the WOSB Repository, and no
change in circumstances or adverse decisions have been issued that affects its
Page 52 of 60
eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13
CFR part 127, and the representation in paragraph (b)(5)(i) of this provision is
accurate in reference to the EDWOSB concern or concerns that are participating
in the joint venture. [The offeror shall enter the name or names of the EDWOSB
concern or concerns that are participating in the joint venture: .] Each
EDWOSB concern participating in the joint venture shall submit a separate
signed copy of the EDWOSB representation.
(6) (Complete only if the offeror represented itself as a small business concern in
paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it [ ] is,
[ ] is not a veteran-owned small business concern.
(7) (Complete only if the offeror represented itself as a veteran-owned small business
concern in paragraph (b)(6) of this provision.) The offeror represents as part of its offer
that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(8) (Complete only if the offeror represented itself as a small business concern in
paragraph (b)(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 changes in
ownership and control, principal office, or HUBZone employee percentage have
occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the
requirements of 13 CFR Part 126, and the representation in paragraph (b)(8)(i)
of this provision is accurate for each HUBZone small business concern
participating in the HUBZone joint venture. [The offeror shall enter the names
of each of the HUBZone small business concerns participating in the HUBZone
joint venture: .] Each HUBZone small business concern participating in the
HUBZone joint venture shall submit a separate signed copy of the HUBZone
representation.
(c) Definitions. As used in this provision -
"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 concern eligible under the WOSB Program.
"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.
Page 53 of 60
(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 the size standard in paragraph (a) of
this provision.
"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 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.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with
13 CFR part 127), 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.
(d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for
small business concerns, then the clause in this solicitation providing notice of the set-aside
contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business
concern that is small, HUBZone small, small disadvantaged, service-disabled
veteran-owned small, economically disadvantaged women-owned small, or
women-owned small eligible under the WOSB Program in order to obtain a contract to be
awarded under the preference programs established pursuant to section 8, 9, 15, 31, and
36 of the Small Business Act or any other provision of Federal law that specifically
references section 8(d) for a definition of program eligibility, shall-
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment;
and
(iii) Be ineligible for participation in programs conducted under the authority of
the Act.
(End of provision)
K-6 FAR 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING. (AUG
2003)
Page 54 of 60
(a) Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in
Environmental Management, requires submission of this certification as a prerequisite for contract
award.
(b) By signing this offer, the offeror certifies that -
(1) As the owner or operator of facilities that will be used in the performance of this
contract that are subject to the filing and reporting requirements described in section 313
of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42
U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42
U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of
the contract the Toxic Chemical Release Inventory Form (Form R) as described in
sections 313(a) and (g) of EPCRA and section 6607 of PPA; or
(2) None of its owned or operated facilities to be used in the performance of this contract
is subject to the Form R filing and reporting requirements because each such facility is
exempt for at least one of the following reasons: (Check each block that is applicable.)
___ (i) The facility does not manufacture, process, or otherwise use any toxic
chemicals listed in 40 CFR 372.65;
___ (ii) The facility does not have 10 or more full-time employees as specified
in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);
___ (iii) The facility does not meet the reporting thresholds of toxic chemicals
established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the
alternate thresholds at 40 CFR 372.27, provided an appropriate certification
form has been filed with EPA);
___ (iv) The facility does not fall within the following Standard Industrial
Classification (SIC) codes or their corresponding North American Industry
Classification System sectors:
(A) Major group code 10 (except 1011, 1081, and 1094.
(B) Major group code 12 (except 1241).
(C) Major group codes 20 through 39.
(D) Industry code 4911, 4931, or 4939 (limited to facilities that
combust coal and/or oil for the purpose of generating power for
distribution in commerce).
(E) Industry code 4953 (limited to facilities regulated under the
Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921,
et seq.), 5169, 5171, or 7389 (limited to facilities primarily engaged in
solvent recovery services on a contract or fee basis); or
___ (v) The facility is not located in the United States or its outlying areas.
(End of provision)
Page 55 of 60
SECTION L - Instructions, Conditions, and Notices to Bidders
L-1 FAR 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER. (APR 2008)
L-2 FAR 52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION. (JAN
2004)
L-3 FAR 52.216-1 TYPE OF CONTRACT. (APR 1984)
The Government contemplates award of a Fixed Price contract resulting from this solicitation.
(End of provision)
L-4 FAR 52.233-2 SERVICE OF PROTEST. (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed
directly with an agency, and copies of any protests that are filed with the Government
Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by
obtaining written and dated acknowledgment of receipt from [Contracting Officer designate the
official or location where a protest may be served on the Contracting Officer.]
(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)
L-5 FAR 52.237-1 SITE VISIT. (APR 1984)
July 12, 2011 at Dallas, TX
Location: Region 6
Suite 1200
1445 Ross Avenue
Dallas, Texas 75202
Offeror may visit the site between the hours of 9:00 am until 3:00 pm Central Time POC Tony Matthews
(214) 665-8552 or (214)212-3430; Backup Sam Alaw (214) 665-2171or (214) 236-7213
July 14, 2011 at Houston, TX
Location: Houston Laboratory
10625 Fallstone Road
Houston, TX 77099
Offeror may visit the site between the hours of 9:00 am until 3:00 pm Central Time POC Tony Matthews
(214) 665-8552 or (214) 212-3430; Backup Sam Alaw (214) 665-2171or (214) 236-7213
July 8, 2011 at Las Vegas, NV
Location: 4220 S Maryland Parkway, Building C
Las Vegas, Nevada 89119
Offeror may visit the site between the hours of 9:00 am until 3:00 pm Pacific Time POC Jason Bushta
(202) 603-3326
July 6, 2011 at San Francisco CA
Location: Region 9, San Francisco Office
Page 56 of 60
75 Hawthorne Street,
San Francisco, CA 94105
Offeror may visit the site between the hours of 9:00 a.m. until 3:00 pm Pacific Time POC Steven Jong
(415) 972-3733 or (415) 760-5395: Backup Terri Maldonado (415) 972-3758 or (415) 760-5460
July 7, 2011 at Richmond, CA
Location: Richmond Laboratory
1337 South 46th Street, Building 201
Richmond, CA 94804
Offeror may visit the site between the hours of 9:00 a.m. until 3:00 pm Pacific Time POC Steven Jong
(415) 972-3733 or (415) 760-5395: Backup Terri Maldonado (415) 972-3758 or (415) 760-5460
July 6, 2011 at Seattle, WA
Location: Region 10, Seattle Office
1200 6th Avenue
Seattle, WA 98101
Offeror may visit the site between the hours of 9:00 a.m. until 3:00 pm Pacific Time POC James Rowlan
(206) 553-1026 or (206) 465-8201; Backup Jeanette Carriveau (206)553-0243 or (206) 331-1062
July 7, 2011 at Manchester, WA
Location: Manchester Lab
7411 Beach Drive E
Port Orchard, WA 98366
Offeror may visit the site between the hours of 9:00 a.m. until 3:00 pm Pacific Time POC James Rowlan
(206) 553-1026 or (206) 465-8201; Backup Jeanette Carriveau (206)553-0243 or (206) 331-1062
July 14, 2011 at Ann Arbor, MI
Location: OAR Lab Ann Arbor
2565 Plymouth Road
Ann Arbor, MI 48105
Offeror may visit the site between the hours of 9:00 a.m. until 3:00 pm Eastern Time POC Jason Bushta
(202) 603-3326
July 12, 2011 at Montgomery, AL
Location: National Air and Radiation Environmental Laboratory
540 South Morris Avenue
Montgomery, AL 36115-2601
Offeror may visit the site between the hours of 9:00 a.m. until 3:00 pm Central Time POC Jason Bushta
(202) 603-3326
OFFERORS MAY ONLY VISIT THE SITE ON THE DESIGNATED DAY AND TIME
PROVIDED IN THE RFP.
L-6 PAST PERFORMANCE INFORMATION (EPAAR 1552.215-75) (OCT 2000)
(a) Offerors shall submit the information requested below as part of their proposal for both the offeror
and any proposed subcontractors for subcontracts expected to exceed $100,000. The information may be
submitted prior to other parts of the proposal in order to assist the Government in reducing the evaluation
period.
Page 57 of 60
(b) Offerors shall submit a list of all or at least 5 contracts and subcontracts completed in the last
3 years, and all contracts and subcontracts currently in process, which are similar in nature to this
requirement.
(1) The contracts and subcontracts listed may include those entered into with Federal, State and
local governments, and commercial businesses, which are of similar scope, magnitude, relevance, and
complexity to the requirement which is described in the RFP. Include the following information for each
contract and subcontract listed:
(a) Name of contracting activity.
(b) Contract number.
(c) Contract title.
(d) Contract type.
(e) Brief description of contract or subcontract and relevance to this requirement.
(f) Total contract value.
(g) Period of performance.
(h) Contracting officer, telephone number, and E-mail address (if available).
(i) Program manager/project officer, telephone number, and E-
mail address (if available).
(j) Administrative Contracting officer, if different from (h)above, telephone number, and
E-mail address (if available).
(k) List of subcontractors (if applicable).
(l) Compliance with subcontracting plan goals for small disadvantaged business concerns,
monetary targets for small disadvantaged business participation, and the notifications submitted under FAR
19.1202-4 (b), if applicable.
(c) Offerors should not provide general information on their performance on the identified contracts and
subcontracts. General performance information will be obtained from the references.
(1) Offerors may provide information on problems encountered and corrective actions taken on the
identified contracts and subcontracts.
(2) References that may be contacted by the Government include the contracting officer, program
manager/project officer, or the administrative contracting officer identified above.
(3) If no response is received from a reference, the Government will make an attempt to contact
another reference identified by the offeror, to contact a reference not identified by the offeror, or to
complete the evaluation with those references who responded. The Government shall consider the
information provided by the references, and may also consider information obtained from other sources,
when evaluating an offeror's past performance.
(4) Attempts to obtain responses from references will generally not go beyond two telephonic
messages and/or written requests from the Government, unless otherwise stated in the solicitation. The
Government is not obligated to contact all of the references identified by the offeror.
(d) If negative feedback is received from an offeror's reference, the Government will compare the
negative response to the responses from the offeror's other references to note differences. A score will be
assigned appropriately to the offeror based on the information. The offeror will be given the opportunity to
address adverse past performance information obtained from references on which the offeror has not had a
previous opportunity to comment, if that information makes a difference in the Government's decision to
include the offeror in or exclude the offeror from the competitive range. Any past performance deficiency
or significant weakness will be discussed with offerors in the competitive range during discussions.
(e) Offerors must send Client Authorization Letters (see Section J of the solicitation) to each reference
listed in their proposal to assist in the timely processing of the past performance evaluation. Offerors are
encouraged to consolidate requests whenever possible (i.e., if the same reference has several contracts, send
that reference a single notice citing all applicable contracts). Offerors may send Client Authorization
Page 58 of 60
Letters electronically to references with copies forwarded to the contracting officer.
(1) If an offeror has no relevant past performance history, an offeror must affirmatively state that it
possesses no relevant past performance history.
(2) Client Authorization Letters should be mailed or E-mailed to individual references no later
than five (5) working days after proposal submission. The offeror should forward a copy of the Client
Authorization Letter to the contracting officer simultaneously with mailing to references.
(f) Each offeror may describe any quality awards or certifications that indicate the offeror possesses a
high-quality process for developing and producing the product or service required. Such awards or
certifications include, for example, the Malcolm Baldrige Quality Award, other Government quality
awards, and private sector awards or certifications.
(1) Identify the segment of the company (one division or the entire company) which received the
award or certification.
(2) Describe when the award or certification was bestowed. If the award or certification is over
three years old, present evidence that the qualifications still apply.
(g) Past performance information will be used for both responsibility determinations and as an
evaluation factor for award. The Past Performance Questionnaire identified in section J will be used to
collect information on an offeror's performance under existing and prior contracts/subcontracts for products
or services similar in scope, magnitude, relevance, and complexity to this requirement in order to evaluate
offerors consistent with the past performance evaluation factor set forth in section M. References other than
those identified by the offeror may be contacted by the Government and used in the evaluation of the
offeror's past performance.
(h) Any information collected concerning an offeror's past performance will be maintained in the official
contract file.
(i) In accordance with FAR 15.305 (a) (2) (iv), offerors with no relevant past performance history, or for
whom information on past performance is not available, will be evaluated neither favorably nor
unfavorably on past performance.
L-7 TECHNICAL QUESTIONS (EP 52.215-110) (APR 1984)
Offerors must submit all technical questions concerning this solicitation in writing to the contract
specialist. EPA must receive the questions no later than 14 calendar days after the date of this solicitation.
EPA will answer questions which may affect offers in an amendment to the solicitation. EPA will not
reference the source of the questions.
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SECTION M - Evaluation Factors for Award
M-1 FAR 52.217-5 EVALUATION OF OPTIONS. (JUL 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best
interests, the Government will evaluate offers for award purposes by adding the total price for all options to
the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise
the option(s).
(End of provision)
M-2 EPA SOURCE EVALUATION AND SELECTION PROCEDURES – NEGOTIATED
PROCUREMENTS (EPAAR 1552.215-70) (AUG 1999)
(a) The Government will perform source selection in accordance with FAR Part 15 and the EPA Source
Evaluation and Selection Procedures in EPAAR Part 1515 (48 CFR Part 1515). The significant features of
this procedure are:
(1) The Government will perform either cost analysis or price analysis of the offeror’s
cost/business proposal in accordance with FAR Parts 15 and 31, as appropriate. In
addition, the Government will also evaluate proposals to determine contract cost or price
realism. Cost or price realism relates to an offeror’s demonstrating that the proposed
cost or price provides an adequate reflection of the offeror’s understanding of the
requirements of this solicitation, i.e., that the cost or price is not unrealistically low or
unreasonably high.
(2) The Government will evaluate technical proposals as specified in 1552.215-71,
Evaluation Factors for Award.
(b) In addition to evaluation of the previously discussed elements, the Government will consider in any
award decision the responsibility factors set forth in FAR Part 9.
M-3 EVALUATION FACTORS FOR AWARD (EPAAR 1552.215-71) (AUG 1999)
(a) The Government will make award to the responsible offeror(s) whose offer conforms to the
solicitation and is most advantageous to the Government cost or other factors considered. For this
solicitation, all evaluation factors other than cost or price when combined are equal to cost or price.
(b) Evaluation factors and significant subfactors to determine quality of product or service: see
Attachment Number 3 titled “Technical Evaluation Factors”
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