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Document Sample
United States Environmental Protection Agency
Cincinnati Procurement Operations Division
Cincinnati, Ohio 45268
September 16, 2011
MEMORANDUM
From: Michael Kreacic, Contract Specialist
To: All Offerors
Subject: Request for Quote (SOL-CI-11-00087)
Attached is a Request for Quote (SOL-CI-11-00087) Cafeteria Services at the U.S.
EPA AWBERC Facility, Cincinnati, OH
This RFQ consists of the following documents:
Cover Memorandum
Attachment A Statement of Work
o PWS Appendix 1 Government Furnished Property 1
o PWS Appendix 2 Government Access Property 2
Attachment B Evaluation Criteria
Attachment C Quotation Instructions
Attachment D Applicable Provisions and Clauses
Attachment E QASP
Attachment F Service Contract Act Wage Determination
Attachment G Past Performance Questionnaire
You are hereby requested to furnish a Firm Fixed Price Quote for conducting the
work required as described in Attachment A Statement of Work. Your offer must include
the following:
1. Quotation: A detailed and complete submission in accordance with Attachment C
Quotation Instructions.
2. Due Date: The closing date and time for receipt of quotations is 12:00
pm on 09/30/2011. Please direct any questions regarding this RFQ to Michael
Kreacic via Telephone (513) 487-2104, Fax (513) 487-2107, or by e-mail at
kreacic.michael@epa.gov.
3. The preferred method to submit your quote is electronically via e-mail
to:
kreacic.michael@epa.gov
However, if you are unable to submit electronically, you may submit your quotation to
the following address:
Express Mail: U.S. EPA
Cincinnati Procurement Operations Division
4411 Montgomery Road, Suite 300
Norwood, OH 45212
Attn: Michael Kreacic
Postal Service: U.S. EPA
Cincinnati Procurement Operations Division
26 W. Martin Luther King Dr.
Cincinnati, OH 45268-7001.
Sincerely,
Michael Kreacic
Contract Specialist
Attachment A
SOL-CI-11-00087
Cafeteria Services at the U.S. EPA AWBERC Facility, Cincinnati, OH
STATEMENT OF WORK
1. General. The Contractor shall establish and operate in the Contractor’s name the
food service facilities described in Paragraph 2 below for the purpose of dispensing food,
non-alcoholic beverages and other items, in accordance with all terms and conditions
specified herein. This cafeteria is to be operated for the potential benefit of an
approximate average of 900 individuals occupying the U.S. EPA’s Andrew W.
Breidenbach Environmental Research Center (AWBERC) in Cincinnati, Ohio.
The Government shall not be responsible for any variation from the employee population
as figures as employment figures change over time.
2. Description of Facilities.
A. Area and location of the Center
Location: Ground Level of AWBERC, 26 W. Martin Luther King Drive,
Cincinnati, Ohio 45268
B. Seating capacity: 250 people
C. Performance Data. The estimated use of the on-site food service is as
follows:
Usage Time Period Approximate Number of Users
Breakfast 125
AM Break 50
Lunch 225
Afternoon Break 50
The historical estimates provided above are for informational purposes only and
do not reflect any guarantee by the EPA of future users or receipts.
3. Hours of Service. Food services shall be provided 5 days per week, Monday through
Friday, 6:30 a.m. through 3:00 p.m., excluding holidays observed by the Federal
Government and other dates as noted below:
WEEK OF THANKSGIVING – Friday after Thanksgiving the hours of
operation will be from 6:30 a.m. through 1:00 p.m., with a limited menu. A
Attachment A SOW Page 1 of 10
limited menu is defined as soup and sandwiches and specifically does not include
hot meals.
WEEK OF CHRISTMAS AND WEEK OF NEW YEAR’S SCHEDULE –
Hours of operation are subject to change during the two-week period
encompassing Christmas and New Year’s Day. The dates and hours of operation
will be determined on a year-by-year basis by mutual agreement of the
Government and the Contractor as the dates are subject to change year-by-year.
Hours of operation during this time would typically be daily from 6:30 a.m.
through 1:00 p.m. with a limited menu. A limited menu is defined as soup and
sandwiches and specifically does not include hot meals.
JUNE, JULY AND AUGUST – Hours of operations are from 6:30 a.m. to 2:00
p.m. Monday – Friday.
Breakfast items will be available from 6:30 a.m. – 9:30 a.m. (Monday – Friday)
Lunch items will be available from 11:00 a.m. – 1:00 p.m.
Federal Holidays
New Year’s Day Labor Day
Martin Luther King’s Birthday Columbus Day
President’s Day Veteran’s Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
Any request to modify the hours or days of service by the contractor shall be
submitted in writing for approval of the Contracting Officer. All hours may be
adjusted by the Contracting Officer, in writing, as necessary to accommodate the
requirements of the Government.
4. Responsibilities of the Contractor. The Contractor shall provide prompt, efficient,
and courteous service, and avoid undue interference with the operation of the building in
which services are provided. At the Contractor’s expense, all necessary licenses and
permits shall be obtained as required by state and local authorities, and all applicable
building, health, sanitary and other regulations and laws shall be observed. Proof of all
necessary licenses and insurance to operate under the terms of this contract shall be
provided to the Government prior to the start of contract services.
The Contractor shall employ sufficient and suitable personnel, secure and maintain
insurance, maintain sales records, submit reports as described in the Reporting
Requirements in section L of this document, observe other contract requirements, all as
more specifically set forth herein. The Contractor shall pay each and every fee, cost or
other charge incident to or resulting from operations under the contract not covered in
Attachment A SOW Page 2 of 10
Section 5 of this document. Reasonable care shall be exercised in the use of space and
Government-provided property. The equipment shall be returned in as good as condition
as when received, except for ordinary wear and tear and damage or destruction beyond
the Contractor’s control and not due to the Contractor’s fault or negligence. Contractor
will provide equipment to process charge card purchases for food and/or beverages. The
Government will provide an outside phone line to process charges.
A. Service. The Contractor shall operate and manage the on-site food service in
the Contractor’s name at AWBERC. EPA requires that patrons shall be required
to remove trays, dishes and utensils from tables to a conveyor belt located in the
dining area.
The Contractor shall provide all disposable containers required for carry-out, i.e.,
flatware, cups, lids, plates, bowls, etc. (See Section M below addressing recycling
issues.) Paper cups/lids shall be provided for individual carry-out service for
beverages.
B. Menus. It shall be the responsibility of the Contractor to provide a variety of
quality foods prepared on-site. No pre-packaged meals/food shall be served.
Food shall be prepared on-site and menu selections shall offer a variety of hot and
cold entrée, sandwiches, fruits, vegetables, and salads. The variety and
appearance of food in the on-site food service facility on each operating day shall
be consistent. The food shall meet business and industry standards of quality and
nutrition, and comply with the Hamilton County Food Service Guidelines and
the1990 subsequent revisions of the U.S. Dietary Guidelines (i.e., offer foods low
in total fat, saturated fat, cholesterol, sodium, and sugar, such as lean meats, low-
fat dairy products, vegetables, fruits and grain products.)
During each serving period, easy to read menus with prices listed shall be
prominently displayed for the information of patrons. Menus shall be posted at or
near the on-site food service entrance as well as near the service points. The
Contractor’s representative (Project Manager) is required to post the menu items
for the day on a board (provided by the Government) no later than 9:00 a.m. each
morning. A copy of the proposed menus will be submitted to the EPA Project
Officer by close of business day on Wednesday for the following week.
The Government will provide the equipment for a salad bar including the chilled
salad bar station. The Contractor shall operate the salad bar station in addition to
the regular menu.
Prior to the start date of service, the Contractor shall provide to the Project Officer
a complete menu/portion book for the account for review and approval.
Representatives of the Contracting Office will examine the Contractor’s food and
service at regular intervals to ensure adequate quality.
Attachment A SOW Page 3 of 10
C. Flatware, utensils, glassware and equipment provided by the
Contractor.
At the inception of the contract, the Government will provide the utensils,
glassware and equipment listed in Attachment 2, Government-Furnished Property.
Items on this list needing replacement during the life of the contract will be the
responsibility of the Contractor, regardless of whether the need for replacement
arises from loss, depreciation, or obsolescence. The Contractor shall notify the
Project Officer when replacing Government furnished property with Contractor-
furnished property, and the Government shall arrange for disposal of the
Government property. Stainless steel flatware will be provided by the Contractor
from contract inception. Flatware, utensils, glassware and equipment provided by
the Contractor shall be of a quality in keeping with that provided by the
Government and shall be suitable for the purpose of its intended use. The
Contractor shall keep an adequate supply of all items on hand at all times to meet
the customer usage requirements.
D. Sanitation. The Contractor is required to keep all areas under its control in
clean, orderly, sanitary, and well-organized conditions in accordance with the
provisions and recommendations contained in the Food Service Sanitation
Manual, Public Health Service, and Publication No. (FDA) 78-2081 and all
applicable local codes and regulations. Furthermore, cleanliness of the cafeteria
operations is to be in accordance with all local and state board of health
ordinances.
All employees assigned by the Contractor to perform work under this on-site food
service contract shall be physically able to do their assigned work and shall be
free from communicable diseases. Each employee shall have a physical
examination without cost to the Government. Written documentation of this
examination, stating that the person examined is physically able to perform work
tasks normally associated with a cafeteria operation and is free of any
communicable disease that would preclude employment in a food service facility
is required. This document must be signed by the examining physician or an
authorized officer of the local or state health department or other health
examination activity. This document must be maintained in the cafeteria facility
and be available for inspection by an authorized representative of the Government
upon demand.
E. Quality. The Contractor shall serve appetizing and quality food. All
Foods served shall be wholesome, safe for human consumption, and free from
spoilage, adulteration and misbranding. Uncooked items, such as fresh fruits,
shall be clean and free from blemish. All foods when served shall be presentable
in appearance and correct in temperature and consistency. They shall be crisp,
moist, tender, dry, etc., as may be appropriate in each case.
F. Personnel and Supervision.
Attachment A SOW Page 4 of 10
Contractor personnel shall maintain sanitary conditions and provide prompt and
efficient services at all times. All employees shall be sober, conscientious, neat
and courteous. The Contractor must at all times provide an adequate staff of food
service employees to perform the varied and essential duties inherent to a
successful food service operation.
(2) The Contractor shall provide a professional, full-time qualified
food service person on-site to act as the Project Manager of the facility. The
Contractor’s Project Manager shall be delegated the authority for, and shall be
able to effectively manage, the day-to-day activities including: personnel and
training, menu planning, purchasing, cost control, sanitation, etc. The Project
Manager must be available by telephone during the operational hours of the
cafeteria. If the Project Manager is not located on-site at the cafeteria on a full-
time basis, an on-site employee shall be delegated responsibility for dealing with
any issues that arise in the cafeteria that require immediate response from the
Contractor. The name of this individual shall be provided to the Project Officer.
(3) The Contractor’s employees shall wear a distinctive item of clothing such as a
badge, cap, or uniform as a means of identification during the time they are in the
Government building. The Contractor’s employees shall wear proper uniforms,
including hair nets and/or head covers during the time they are performing their
duties in the building. Legible name plates identifying each employee shall be
provided by the Contractor and displayed as part of the uniform. Each employee
shall wear appropriate Government-issued identification except when working in
food preparation and serving areas.
(4) The Contractor’s employees shall conduct themselves in a professional
manner at all times.
G. Contractor-Performed Repairs. The Contractor shall adjust,
repair and continuously maintain in a satisfactory condition all equipment
and utensils provided by the Contractor in support of this contract.
H. Contractor-Performed Cleaning. The Contractor shall be responsible for
total custodial care in the kitchen, servicing and storeroom areas, Project
Manager’s office, and any other areas assigned specifically to the Contractor.
Cleaning services shall be conducted daily, or more frequently as necessary to
maintain the highest standards of sanitation as established by Federal, State and
local Government authority.
Failure to keep the facility in a clean and sanitary condition may result in
termination of the contract.
The Contractor shall provide busing service to remove any remaining soiled
dishes and assure that tables and chairs are cleaned before each patron is seated in
Attachment A SOW Page 5 of 10
the dining area. Trash generated during the receipt/preparation/serving of food
shall be removed to the refuse room on B level at least twice daily during
operations. All trash in the food preparation area shall be removed prior to the
dismissal of the shift. Continuous monitoring of garbage cans in the food
preparation area and the dining area shall be maintained during the lunch period
and trash cans shall be emptied as required. Garbage cans shall be washed as
necessary to keep them free of odor and buildup of food material.
Under separate contract, the EPA janitorial contractor shall be responsible for the
mopping and cleaning of the floors in the dining area.
I. Security areas. The Contractor shall be responsible for the security of all
areas under the jurisdiction of the Contractor. Designated employees shall have
the responsibility for determining that all equipment has been turned off, that
windows are closed, and the lights and fans are turned off. The wire gates shall
be closed and locked to secure cafeteria equipment. The door shall be left open to
the cafeteria seating area and the light in the cafeteria conference room 1 shall be
left on.
J. Hazardous Conditions. The Contractor shall be responsible for preventing
unsanitary or hazardous conditions that are dangerous to anyone using the food
facility, including employees, agents or representatives of the Contractor, Federal
employees, or other patrons of the food service facility. This responsibility
applies to any portion of the food service facility that is under the jurisdiction of
the Contractor. In the event a health hazard is identified which endangers patrons
of the cafeteria, the Contracting Officer may issue a written notice requiring the
Contractor to close the cafeteria operations until the hazard is eliminated.
K. Liability. The Government will not be responsible in any way for damage,
loss or spoilage occasioned by fire, theft, accident, or otherwise to the
Contractor’s stored supplies, materials or equipment, or the employees’ personal
belongings. Any personal injury or physical damage to the building or equipment
resulting from fire or other causes shall be reported to the Project Officer
immediately.
L. Reporting Requirements.
(1) Quarterly financial statement. The Contractor shall furnish to the Contracting
Officer and Project Officer (one copy each) a quarterly profit and loss statement
including gross sales, product costs, labor costs, and other detailed costs within
thirty (30) calendar days after the end of the quarterly accounting period. The
profit and loss statement shall be submitted in a format approved by the Project
Officer.
Attachment A SOW Page 6 of 10
(2) Contractor certification of end of fiscal year statement. The Contractor shall
certify the end of fiscal year profit/loss statement for submission to the
Contracting Officer and the Project Officer.
(3) On a monthly basis, the Contractor shall provide to the Project Officer the
following information relating to patronage and sales:
Schedule Time Daily Patronage Check Average
Breakfast to $
AM Break to
Lunch
PM Break
This patronage and check average information report need not be certified.
(4) Equipment records. At the start of the contract period, the Contractor shall
acknowledge in writing to the Contracting Officer receipt of the Government-
furnished property listed in Attachment 2, and shall also submit to the Contracting
Officer a list of the equipment and utensils which the Contractor will provide.
Throughout the contract period, including any extensions thereof, the Contractor
shall maintain current records of all equipment and utensils used in the contract
operation, properly indicating thereof all additions, replacements and removals.
M. Recycling Issues.
(1) The Contractor shall provide all disposable containers required for carry-out
(i.e., flatware, cups, lids, plates, bowls, etc.). The Contractor shall provide post-
consumer recycled paper napkins. Recyclable cups/lids and flatware shall also be
provided for individual carry-out service for beverages where feasible. In
addition, any Styrofoam containers used in the on-site food service shall be made
from recycled materials.
(2) The Contractor shall be responsible for ensuring that the used cooking oil is
collected and disposed of through a recycling vendor, and shall assume
responsibility for any costs incurred for this disposal service.
(3) The Contractor is responsible for delivering all cardboard to the baler located
on the Shipping/Receiving Dock for recycling.
N. Composting Program (Optional Service)
(1) Contactor Responsibilities
Contactor shall operate the cafeteria including the dining area, a full-service
kitchen, and loading dock area. They will also make sure that all individuals
responsible for the composting program are conducting daily tasks as described
below. The operations manager or designee will be tasked with managing the
Attachment A SOW Page 7 of 10
separation of the organic waste and non-organic waste. Train kitchen staff
member about composting program requirements and responsibilities.
Waste Collection
Food scraps, along with other biodegradable materials from patrons’ trays will be
collected by the contractors’ staff from bins placed in the kitchen area at the end
of the food tray line. Food scrap collection will include compost bins lined with
bio-liners to capture kitchen food scrap. The contractors’ staff will be responsible
for emptying the bins in the kitchen. All containers will be emptied into the 65-
gallon carts and wheeled to the loading dock, where they will be dumped into (3
cubic yard capacity) receptacles. This will be done at the end of each meal
service.
5. Responsibilities of the Government.
A. Contract to operate the facility. The Government agrees to grant to the
Contractor for the stipulated period, subject to the contract requirements and
conditions herein, the right to establish, manage and operate an on-site food
service facility in the Federal building as described herein and in connection
therewith to prepare and sell food, non-alcoholic beverages and such other
products as the Government may authorize.
B. At the beginning of the contract period, the Government will provide space for
operations under the contract as indicated herein, and such additional space
thereafter as the Government may deem necessary or desirable. The Government
will provide adequate ingress and egress, including a reasonable use of existing
elevators, corridors, passageways, driveways, and loading platforms. The
Government will, as it deems advisable, provide space and heating, space
lighting, ventilation, and utilities. In addition, the Government will:
(1) Maintain and repair building structure in areas assigned for the Contractor’s
use, including painting and redecorating, the maintenance of gas, water, steam,
sewer and electrical lines, ventilation, electrical lighting fixtures (including re-
lamping), floors and floor coverings, and walls and ceilings; provided that the
Contractor shall bear the expense of repairs necessary because of negligence on
the part of the Contractor or the Contractor’s employees.
(2) Make such improvements and alterations as the Government may deem
necessary or desirable to prepare or recondition assigned space for the
Government’s intended purpose, including improvements and alterations
necessary to conform to applicable sanitary requirements.
Attachment A SOW Page 8 of 10
C. Government-Furnished Property. The Government will furnish for Contractor
use the property listed in Attachment 2. As noted in Section 4C above, it is the
Contractor’s responsibility to replace the property listed in Attachment 2 as
necessary and to notify the Project Officer of such replacement.
Other Government-owned food service equipment, some of which is constructed
as part of the building and affixed to the structure is also available for Contractor
use as listed in Attachment 1. Maintenance and replacement of the property
identified in Attachment 1 is the Government’s responsibility. The Government
reserves the right to withdraw equipment no longer needed for contract
operations.
In addition the Government will provide access to the following items:
(1) A dining area including chairs, tables, and other furniture or equipment
necessary to maintain a dining area in an efficient, healthful manner.
(2) Sanitary washrooms and locker space for Contractor’s employees.
(3) Scavenger and exterminator service, as necessary for the maintenance of a
healthful facility.
(4) Utilities, including oil, gas, electricity, water and sewer.
(5) Utility connections including oil, gas, electricity, water and sewer.
(6) Parking for Contractor employees.
(7) At the Government’s expense routine cleaning/maintenance of the fume
hoods located in the kitchen and serving areas will be performed as deemed
necessary.
6. Rights of the Government. The Government reserves the right to use the dining area
for meetings of Government employees or other assemblies. Such use would be
scheduled on an occasional basis to meet program needs. On these occasions a portion of
the dining area would be reserved for cafeteria patrons. After each such use the space
will be cleaned and rearranged by the Government without expense to the Contractor.
7. Restrictions
A. Equipment. Unless otherwise permitted by the Contracting Officer, the
Contractor shall not remove any Government-owned equipment or other property
from the premises.
Attachment A SOW Page 9 of 10
B. Patronage. Since the facilities to be provided hereunder are for the benefit
and convenience of Federal employees, patronage from other sources will be
regulated by the Government.
C. Facilities. The physical facility made available to the Contractor under this
contract shall not be used in connection with operations not included in the
contract.
Attachments:
1. Appendix 1 Government Furnished Property 1
2. Appendix 2 Government Access Property 2
Attachment A SOW Page 10 of 10
Appendix 1
Government Access Property
Contractor Maintained/Replaced When Necessary
Item Quantity (Estimated)
Dinner Plates 9’ White with Blue Trim China Dinner plates 200
Serving Trays 14” x 18 Standard size green serving tray 200
Toaster 110 V Conventional Toaster; 4-slicer; Manufacturer: Star 1
Saucers 6’ White w/Blue Trim China Saucers 72
There are two boxes of dinner plates and saucers at the warehouse.
Appendix 1 Page 1 of 1
Appendix 2
Government Furnished Property
Accessed Property – Government Maintained
Decal Description Estimated Value
886766 Floor Mixer $1,500
Mfg.: Toastmaster
Acq.: 1/1/76
MN: 5030
723240 Glass Door Refrigerator $2,046.00
Mfg.: Jordan
Acq.: 11/5/93
SN: S632943J
MN: FM-50
902527 Refrigerator (Reach In) $2,500.00
Mfg.: True
None Refrigerator (Reach In) $2,500.00
Mfg.: True
None Dishwasher with booster $34,000.00
Mfg.: Hobart
None Ice Machine $1,500.00
Mfg.: Scotsman
None Ice Machine $1,500.00
Mfg.: Scotsman
A36946 Modular Hot Food Serving Counter $8,164.00
Mfg.: Servolift Eastern
Acq.: 11/05
SN: 10-100508
None Salad Top Refrigerator $3,651.00
Mfg.: Azran
Acq.: 11/05
MN: JH1AY-M
None Convection Oven $2,500.00
Mfg.: US Range
Appendix 2 Page 1 of 3
None Steamer $1,000.00
Mfg.: Dualmatic
None Slicer $1,000.00
None Pasta Kettle $1,000.00
None Steam Table $1,000.00
170769 Electric Warmer $1,132.00
Mfg.: Hot Food Boxes Inc.
None Gas Grill $1,200.00
Mfg.: Magicater
MN: ACA60, SN: 97083402
None Toastmaster Deep Fryer $1,500.00
None Toastmaster Electric Grill $2,000.00
MAN: Voldman
None Electric Grill $2,000.00
None (2) Water Softener $4, 200.00
None (2) Menu board $599.00
None (2) White board $250.00
None Tray & Sliver Caddy $858.00
None Wet/Dry Shop Vac 16 $199.00
Gallon 6.5 Peak HP Stainless Steel
Model#:9341411
None Range, 24” Restaurant, Electric $4,889.00
Vulcan Hart Model No. 558241
None (2) Dispenser Cup for 3 -1/4 3- 7/8 Rims $127.00
None Dispenser Lid, Tubular 2 Sections $68.00
None Organizer, Coffee, Counter Top $234.00
None (2) Organizer, Lid & Cup Wire Rack 5 Sections $110.00
Appendix 2 Page 2 of 3
None Stable Bins $129.00
None Food Warmer $1855.00
None (4) False Plants $296.00
None (105) Dinning Chairs $2500.00
None (40) Dining Table $4000.00
None Electric Griddle $980.00
None (4) Foliage Plants $2000.00
None Walk-in freezer $20,000.00
MAN: Crown Tonka
Appendix 2 Page 3 of 3
ATTACHMENT B
SOL-CI-11-00087
EVALUATION CRITERIA
The Government intends to award a single purchase order on a best value basis to the
responsible offeror whose offer conforming to the solicitation will be most advantageous to the
Government, price and other non-price factors considered.
For the purpose of evaluating offers, all non-price evaluation criteria, when combined
(including past performance), are approximately equal to price. The Contractor must meet all
criteria to be considered for award. Each offer shall include the offeror’s best terms, since
communications after receipt of offers are not anticipated, unless such communications are
necessary for the Government to fully understand the offer. Based on the results of its best-value
analysis, the Government intends to make award as a contract.
The non-price evaluation criteria are as follows:
1. Technical Approach (400 points)
Degree to which the offeror’s proposed technical approach will optimize the accomplishment of
the requirements set forth in Attachment A Statement of Work.
2. Past Performance (400 points)
Demonstrated performance on contracts and/or subcontracts performed during the Past three
years for food service, including active contracts/subcontracts, in the areas of quality of service,
cleanliness of facility, cost control, customer satisfaction, and successful contract management.
3. Management Plan (200 points)
Degree to which the offeror’s proposed management plan will optimize the accomplishment of
the requirements set forth in Attachment A Statement of Work.
a) Appropriateness of the overall organizational structure which clearly delineates the
responsibilities and lines of authority of the organization.
b) Adequacy of the proposed management plan to utilize personnel and resources
effectively, and to implement reporting requirements.
Maximum Possible: 1,000 points
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.
Evaluation Criteria Page 1 of 1
ATTACHMENT C
SOL-CI-11-00087
Cafeteria Services at the U.S. EPA AWBERC Facility, Cincinnati, OH
Quotation Instructions
Technical Information Instructions
A. Your technical information shall be specific and sufficiently detailed to allow a complete
evaluation of your methods for satisfying the requirements set forth in this RFQ.
B. The technical information shall be limited to 10 single-spaced, 12 pt. font, pages and
numbered “1 of 10, 2 of 10, etc.” on the front cover. Supplemental information may be
provided as an appendix to the quotation.
C. Your quotation shall comprehensively address each of the evaluation factors described in
Attachment B. Include within each section all materials that are to be evaluated there under.
D. Evaluation of quotations will be based on the Evaluation Factors in Attachment B. For the
purposes of evaluation, "Offeror" means the contractor or contractor team responding to the
RFQ. Information should be provided for all firms involved in the contractor team, if
applicable.
E. The preferred method of quotation submittal is electronically via email and one (1) copy
will suffice. If submitting a hard copy, an original and three (3) copies of your complete
quotation is required.
F. The following instructions apply to the Evaluation Factors as set forth in Attachment B:
1. Technical Approach
(a) The offeror’s proposed technical approach shall be designed to meet or exceed the
requirements to be performed under any resulting contract. At a minimum, the technical
approach shall clearly describe how the offeror will meet the needs of the Government as
listed in the Statement of Work (SOW) Attachment A.
2. Past Performance
(a) Offerors shall submit the information requested below as part of their quotation for
both the offeror and any proposed subcontractors for subcontracts expected to exceed
$300,000. The information may be submitted prior to other parts of the quotation in
order to assist the Government in reducing the evaluation period.
(b) Offerors shall submit a list of at least 3 contracts or subcontracts completed in the
last 3 years, and all contracts or subcontracts currently in process, which are similar in
nature to this requirement. 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, and complexity to the requirement which is
Quotation Instructions 1 of 3
described in the solicitation. Include the following information for each contract and
subcontract listed:
(1) Name of contracting activity.
(2) Contract number.
(3) Contract title.
(4) Contract type.
(5) Brief description of contract or subcontract and relevance to this requirement.
(6) Total contract value.
(7) Period of performance.
(8) Contracting officer, telephone number, and E-mail address (if available).
(9) Program manager/project officer, telephone number, and E-mail address (if
available).
(10) Administrative Contracting officer, if different from (8) above, telephone
number, and E-mail address (if available).
(11) List of subcontractors (if applicable).
(c) Offerors shall ensure that EPA receives a minimum of three (3) completed Past
Performance Questionnaires (see Attachment F) directly from client references by the
closing time and date identified in the RFQ Cover Memorandum. The references shall
submit the completed Questionnaires to the Contract Specialist, Mike Kreacic, via
fax (513-487-2107) or email kreacic.michael@epa.gov. The completed Questionnaires
should address contracts/subcontracts similar in scope, magnitude, and complexity to the
requirement which is described in the solicitation. References may be contacted by the
Government for further information on ratings.
(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. An appropriate rating will be assigned to the offeror based on all the
information.
(e) If at least three (3) completed Past Performance Questionnaires are not received from
the client references, 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
Quotation Instructions 2 of 3
obtained from other sources, when evaluating an offeror's past performance.
(f) 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.
(g) If an offeror has no relevant past performance history, the offer should so state. If an
offeror has no relevant past performance history, it will not be evaluated favorably or
unfavorably on past performance.
(h) 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 Baldridge
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.
3. Management Plan
(a) The offeror shall submit a management plan for accomplishing the requirements set
forth in the PWS. This plan shall include the following:
(b) A description of the proposed management structure that will be provided to ensure
fulfillment of the PWS requirements. If subcontractors shall be utilized, provide a
description of their roles and responsibilities.
(c)A staffing plan that identifies staffing resources needed to meet the PWS requirements.
Where applicable, the offeror shall identify those positions which will be subject to the
U.S. Department of Labor Service Contract Act Wage Determination (attached to this
solicitation).
G. Pricing Information
1. Price Proposals, if submitting a hard copy, shall be numbered “1 of 5, 2 of 5, etc.” on the
front cover.
2. The Price Proposal shall list the labor categories that may be utilized during the period of
the contract.
3. Describe the method used to calculate Other Direct Costs (ODC’s).
Quotation Instructions 3 of 3
Attachment D
SOL-CI-11-00087
APPLICABLE CLAUSES AND PROVISIONS
TABLE OF CONTENTS:
1. CONSIDERATION AND PAYMENT—TOTAL FIXED PRICE (EP 52.216-160) (APR
1984)
2. PERIOD OF PERFORMANCE (EP 52.212-140) (APR 1984)
3. OPTION TO EXTEND THE TERM OF THE CONTRACT—FIXED PRICE (EPAAR
1552.217-77) (OCT 2000)
4. NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES ON
ENVIRONMENTAL PROTECTION AGENCY (EPA) CONTRACTS (EP 52.000-000)
(NOV 1994)
5. CONTRACT ADMINISTRATION REPRESENTATIVES (EP 52.242-100) (AUG 1984)
6. GOVERNMENT- CONTRACTOR RELATIONS (EPAAR 1552.237-76) (JUL 1999)
7. ID PASSES (LOCAL LC-01-01) (DEC 2001)
8. GOVERNMENT HOLIDAYS (LOCAL LRT-04-02) (DEC 2001)
9. PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND
VEGETATION (FAR 52.237-2) (APR 1984)
10. INVOICE PREPARATION AND SUBMISSION (COI-G1)
11. 52.212-4 -- Contract Terms and Conditions -- Commercial Items. (Jun 2010)
12. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive
Orders -- Commercial Items (Aug 2011)
13. 52.222-42 -- Statement of Equivalent Rates for Federal Hires (May 1989)
14. TECHNICAL DIRECTION (EPAAR 1552.237-71) (AUG 2009)
15. KEY PERSONNEL (EPAAR 1552.237.72) (APR 1984)
16. PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (FAR
52.204-9) (JAN 2011)
17. INSURANCE - WORK ON A GOVERNMENT INSTALLATION (FAR 52.228-5)
(JAN 1997)
18. INSURANCE - WORK ON A GOVERNMENT INSTALLATION (LRT-28-15) (DEC
2001)
19. GOVERNMENT-FURNISHED FACILITIES/UTILITIES
20. PRINTING (EPAAR 1552.208-70) (DEC 2005)
21. EMPLOYMENT ELIGIBILITY VERIFICATION (FAR 52.222-54) (JAN 2009)
22. 52.245-140 Designation of Property Administrator
23. 1552.245-70 GOVERNMENT PROPERTY (SEP 2009)
24. 52.245-9 -- Use and Charges (Aug 2010)
SOL-CI-11-00087 Page 1 of 41
1. CONSIDERATION AND PAYMENT—TOTAL FIXED PRICE (EP 52.216-160)
(APR 1984)
(a) Payment shall be made monthly in arrears for services performed during the
preceding month at the fixed-price rate of TBD per month for the base period. If Options
are exercised as identified in Clause 3, the fixed-price for Option Period I shall be TBD
per month; for Option Period II the fixed price shall be TBD per month; for Option
Period III the fixed-price shall be TBD per month; and for Option Period IV the fixed-
price shall be TBD per month. .
(b) If, as a result of contract award, services commence on a date other than the first of
the month, the amount due for the first month's services shall be determined by dividing
the fixed-price monthly rate by 30 and multiplying that figure by the, number of days
remaining in the month.
(c) See Clause 11 section (g) for invoicing for details concerning payment dates.
(g) The fixed price per month set forth in paragraph (a) shall include all costs and any
related profit for providing all services as specified in the Statement of Work including,
but not necessarily limited to wages, labor overhead, general and administrative
expenses, other direct costs related to performance, and profit.
2. PERIOD OF PERFORMANCE (EP 52.212-140) (APR 1984)
The period of performance of this contract shall be from award through 12 months
exclusive of all required reports.
3. OPTION TO EXTEND THE TERM OF THE CONTRACT—FIXED PRICE
(EPAAR 1552.217-77) (OCT 2000)
The Government has the option to extend the term of this contract for four (4) additional
periods. If more than thirty (30) days remain in the contract period of performance, the
Government, without prior written notification, may exercise this option by issuing a
contract modification. To exercise this option within the last 30 days of the period of
performance, the Government must provide to the Contractor written notification prior to
that last 30-day period. This preliminary notification does not commit the Government to
exercising the option. Us of an option will result in the follow contract modifications:
(a) The “Period of Performance” clause will be amended as follows to cover the Base
and Option Periods:
Period Start date End date
Option Period 1 11/01/2012 10/30/2013
Option Period 2 11/01/2013 10/30/2014
Option Period 3 11/01/2014 10/30/2015
Option Period 4 11/01/2015 10/30/2016
SOL-CI-11-00087 Page 2 of 41
(b) The “Services and Prices” clause will be amended to reflect increased fixed prices
for each option period as follows:
Fixed price Option period
TBD FOR ALL PERIODS (BASE AND OPTIONS)
4. NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES ON
ENVIRONMENTAL PROTECTION AGENCY (EPA) CONTRACTS (EP 52.000-
000) (NOV 1994)
The Contractor shall not perform any of the following activities on behalf of EPA in connection
with performance of this task order:
a. The actual preparation of Congressional testimony.
b. The interviewing or hiring of individuals for employment at EPA.
c. Developing and/or writing of Position Descriptions and Performance Standards.
d. The actual determination of Agency policy.
e. Participating as a voting member on a Performance Evaluation Board; participating in
and/or attending Award Fee meetings.
f. Preparing Award Fee Letters, even under typing services contracts.
g. The actual preparation of Award Fee Plans.
h. The preparation of documents on EPA Letterhead other than routine administrative
correspondence.
i. Reviewing vouchers and invoices for the purposes of determining whether costs, hours,
and work performed are reasonable.
j. 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.
k. The actual preparation of responses to audit reports from the Inspector General,
General Accounting Office, or other auditing entities.
l. Preparing responses to Congressional correspondence.
m. The actual preparation of responses to Freedom of Information Act requests, other
than routine, non-judgmental correspondence.
n. Any contract which authorizes a contractor to represent itself as EPA to outside parties.
o. Conducting administrative hearings.
p. Reviewing findings concerning the eligibility of EPA employees for security
clearances.
q. The actual preparation of an office's official budget request.
5. CONTRACT ADMINISTRATION REPRESENTATIVES (EP 52.242-100) (AUG
1984)
Project Officer(s) for this contract:
SOL-CI-11-00087 Page 3 of 41
Project Officer:
TO BE IDENTIFIED AT TIME OF CONTRACT AWARD
Contract Specialist responsible for administering this contract:
TO BE IDENTIFIED AT TIME OF CONTRACT AWARD
Administrative Contracting Officer:
TO BE IDENTIFIED AT TIME OF CONTRACT AWARD
6. GOVERNMENT- CONTRACTOR RELATIONS (EPAAR 1552.237-76) (JUL
1999)
(a) The Government and the Contractor understand and agree that the services to be delivered
under this contract by the contractor to the Government are non-personal services and the
parties recognize and agree that no employer-employee relationship exists or will exist under
the contract between the Government and the Contractor’s personnel. It is, therefore, in the
best interest of the Government to afford both parties a full understanding of their respective
obligations.
(b) Contractor personnel under this contract shall not:
(1) Be placed in a position where they are under the supervision, direction, or evaluation of a
Government employee
(2) Be placed in a position of command, supervision, administration or control over
Government personnel, or over personnel of other Contractors under other EPA contracts, or
become a part of the Government organization.
(3) Be used in administration or supervision of Government procurement activities.
(c) Employee Relationship:
(1) The services to be performed under this contract do not require the Contractor or his/her
personnel to exercise personal judgment and discretion on behalf of the Government. Rather
the Contractor’s personnel will act and exercise personal judgment and discretion on behalf
of the Contractor.
(2) Rules, regulations, directives, and requirements that are issued by the U.S. Environmental
Protection Agency under its responsibility for good order, administration, and security are
applicable to all personnel who enter the Government installation or who travel on
Government transportation. This is not to be construed or interpreted to establish any degree
of Government control that is inconsistent with a non-personal services contract.
(d) Inapplicability of Employee Benefits: This contract does not create an employer-
employee relationship. Accordingly, entitlements and benefits applicable to such
relationships do not apply.
SOL-CI-11-00087 Page 4 of 41
(1) Payments by the Government under this contract are not subject to Federal income tax
withholdings.
(2) Payments by the Government under this contract are not subject to the Federal Insurance
Contributions Act.
(3) The Contractor is not entitled to unemployment compensation benefits under the Social
Security Act, as amended, by virtue of performance of this contract.
(4) The Contractor is not entitled to workman’s compensation benefits by virtue of this
contract.
(5) The entire consideration and benefits to the Contractor for performance of this contract is
contained in the provisions for payment under this contract.
(e) Notice. It is the Contractor's, as well as, the Government's responsibility to monitor
contract activities and notify the Contracting Officer if the Contractor believes that the intent
of this clause has been or may be violated.
(1) The Contractor should notify the Contracting Officer in writing promptly, within _3_
work days from the date of any incident that the Contractor considers to constitute a violation
of this clause. The notice should include the date, nature and circumstance of the
conduct, the name, function and activity of each Government employee or Contractor official
or employee involved or knowledgeable about such conduct, identify any documents or
substance of any oral communication involved in the conduct, and the estimate in time by
which the Government must respond to this notice to minimize cost, delay or disruption of
performance.
(2) The Contracting Officer will promptly, within _3_ work days after receipt of notice,
respond to the notice in writing. In responding, the Contracting Officer will either:
(i) confirm that the conduct is in violation and when necessary direct the mode of further
performance,
(ii) countermand any communication regarded as a violation,
(iii) deny that the conduct constitutes a violation and when necessary direct the mode of
further performance; or
(iv) in the event the notice is inadequate to make a decision, advise the Contractor what
additional information is required, and establish the date by which it should be furnished by
the Contractor and the date thereafter by which the Government will respond.
7. ID PASSES (LOCAL LC-01-01) (DEC 2001)
(a) The Contractor shall arrange with the Project Officer for the issuance, by the
Government, of a photo identification badge to all consultants, prime Contractor and any tier
subcontractor personnel working at EPA facilities under the terms and conditions of this
contract. This photo identification badge will be issued PRIOR TO THE CONTRACTOR
employee ENTERING ON DUTY AT AN EPA facility. If an employee site clearance report
SOL-CI-11-00087 Page 5 of 41
is required elsewhere in this contract, the photo identification badge will be issued only upon
the Project Officer’s approval of a favorable site clearance report.
(b) The Contractor shall instruct all personnel issued photo identification badges to display
their badges at all times while the employee is at an EPA facility.
(c) The Contractor shall return all photo identification badges to the Project Officer upon the
dismissal or termination of an employee or when the contract expires, whichever even occurs
first.
(d) The Contractor shall immediately notify the Project Officer, in writing, when an
employee has lost or is unable to locate his or her photo identification badge.
(e) The Contractor shall inform all new consultants, prime Contractor and any tier
subcontractor personnel requiring access to an EPA facility to display personal identification,
such as a driver’s license; social security card; passport; etc. to the Project Officer, prior to
entering the EPA facility for the first time to have the photo identification badge made. The
Contractor employee will be instructed by the Contractor to continue to display such personal
identification to the Project Officer until such time a photo identification badge is provided.
8. GOVERNMENT HOLIDAYS (LOCAL LRT-04-02) (DEC 2001)
The following holidays are observed by the Government and the normal operation of the
facilities will be closed on these days:
New Year’s Day
Martin Luther King’s Birthday
President’s Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving Day
Christmas Day
9. PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND
VEGETATION (FAR 52.237-2) (APR 1984)
The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and
vegetation on the Government installation. If the Contractor’s failure to use reasonable care
causes damage to any of this property, the Contractor shall replace or repair the damage at no
expense to the Government as the Contracting officer directs. If the Contractor fails or refuses to
make such repair or replacement, the Contractor shall be liable for the cost, which may be
deducted from the contract price.
10. INVOICE PREPARATION AND SUBMISSION (COI-G1)
INSTRUCTIONSON INVOICE PREPARATION AND SUBMISSION
SOL-CI-11-00087 Page 6 of 41
Contractors shall submit invoices upon delivery and acceptance of all supplies or services unless
otherwise specified in the contract. Invoices shall be submitted as follows:
1. One (1) original and two (2) copies of the invoice to:
U.S. Environmental Protection Agency
Research Triangle Park Financial Management Center
(Mail Code 32)
Research Triangle Park, NC 27711
2. One (1) copy of the invoice to the Project Officer designated in the clause entitled
“Contract Administration Representatives” (EP 52.242-100).
11. 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.
SOL-CI-11-00087 Page 7 of 41
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of the Contractor and without its fault or
negligence such as, acts of God or the public enemy, acts of the Government in either its
sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes,
unusually severe weather, and delays of common carriers. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement of
any excusable delay, setting forth the full particulars in connection therewith, shall remedy such
occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting
Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic
invoice, if authorized) to the address designated in the contract to receive
invoices. An invoice must include --
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the
order number;
(iv) Description, quantity, unit of measure, unit price and extended price
of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading
number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of
defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include
its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the
invoice only if required elsewhere in this contract.
SOL-CI-11-00087 Page 8 of 41
(B) If EFT banking information is not required to be on the
invoice, in order for the invoice to be a proper invoice, the
Contractor shall have submitted correct EFT banking information
in accordance with the applicable solicitation provision, contract
clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—
Central Contractor Registration, or 52.232-34, Payment by
Electronic Funds Transfer—Other Than Central Contractor
Registration), or applicable agency procedures.
(C) EFT banking information is not required if the Government
waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31
U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment
regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees
and agents against liability, including costs, for actual or alleged direct or contributory
infringement of, or inducement to infringe, any United States or foreign patent, trademark or
copyright, arising out of the performance of this contract, provided the Contractor is reasonably
notified of such claims and proceedings.
(i) Payment.
(1) Items accepted. Payment shall be made for items accepted by the Government
that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt Payment. The Government will make payment in accordance with the
Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR
Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT,
see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time
shall be computed from the date of the invoice. For the purpose of computing the
discount earned, payment shall be considered to have been made on the date
which appears on the payment check or the specified payment date if an
electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract
financing or invoice payment or that the Government has otherwise overpaid on a
contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the
contract along with a description of the overpayment including the—
SOL-CI-11-00087 Page 9 of 41
(A) Circumstances of the overpayment (e.g., duplicate payment,
erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if
applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the
Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government
under this contract shall bear simple interest from the date due until paid
unless paid within 30 days of becoming due. The interest rate shall be the
interest rate established by the Secretary of the Treasury as provided in
Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563),
which is applicable to the period in which the amount becomes due, as
provided in (i)(6)(v) of this clause, and then at the rate applicable for each
six-month period at fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor
upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as
required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach
agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded
by the Contracting Officer within the timeline specified in the
demand for payment unless the amounts were not repaid because
the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt
previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the
demand for payment included in the final decision shall identify the same
due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
SOL-CI-11-00087 Page 10 of 41
(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.
SOL-CI-11-00087 Page 11 of 41
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for
cause in the event of any default by the Contractor, or if the Contractor fails to comply with any
contract terms and conditions, or fails to provide the Government, upon request, with adequate
assurances of future performance. In the event of termination for cause, the Government shall not
be liable to the Contractor for any amount for supplies or services not accepted, and the
Contractor shall be liable to the Government for any and all rights and remedies provided by law.
If it is determined that the Government improperly terminated this contract for default, such
termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract
shall pass to the Government upon acceptance, regardless of when or where the Government
takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are
merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor
will not be liable to the Government for consequential damages resulting from any defect or
deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local
laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with
31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain
Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq.,
Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986;
41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly
American; and 41 U.S.C. 423 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by
giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and
Compliance with Laws Unique to Government Contracts paragraphs of this
clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for
computer software.
(5) Solicitation provisions if this is a solicitation.
SOL-CI-11-00087 Page 12 of 41
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) Central Contractor Registration (CCR).
(1) Unless exempted by an addendum to this contract, the Contractor is
responsible during performance and through final payment of any contract for the
accuracy and completeness of the data within the CCR database, and for any
liability resulting from the Government’s reliance on inaccurate or incomplete
data. To remain registered in the CCR database after the initial registration, the
Contractor is required to review and update on an annual basis from the date of
initial registration or subsequent updates its information in the CCR database to
ensure it is current, accurate and complete. Updating information in the CCR does
not alter the terms and conditions of this contract and is not a substitute for a
properly executed contractual document.
(2)
(i) If a Contractor has legally changed its business name, “doing business
as” name, or division name (whichever is shown on the contract), or has
transferred the assets used in performing the contract, but has not
completed the necessary requirements regarding novation and change-of-
name agreements in Subpart 42.12, the Contractor shall provide the
responsible Contracting Officer a minimum of one business day’s written
notification of its intention to:
(A) Change the name in the CCR database;
(B) Comply with the requirements of Subpart 42.12 of the FAR;
(C) Agree in writing to the timeline and procedures specified by
the responsible Contracting Officer. The Contractor must provide
with the notification sufficient documentation to support the
legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph
(t)(2)(i) of this clause, or fails to perform the agreement at paragraph
(t)(2)(i)(C) of this clause, and, in the absence of a properly executed
novation or change-of-name agreement, the CCR information that shows
the Contractor to be other than the Contractor indicated in the contract will
be considered to be incorrect information within the meaning of the
SOL-CI-11-00087 Page 13 of 41
“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 FAR Subpart 32.8, Assignment of Claims).
Assignees shall be separately registered in the CCR database. Information
provided to the Contractor’s CCR record that indicates payments, including those
made by EFT, to an ultimate recipient other than that Contractor will be
considered to be incorrect information within the meaning of the “Suspension of
payment” paragraph of the EFT clause of this contract.
(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)
12. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive
Orders -- Commercial Items (Aug 2011)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR)
clauses, which are incorporated in this contract by reference, to implement provisions of law or
Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77,
108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting
officer has indicated as being incorporated in this contract by reference to implement provisions
of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government
(Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C.
2402).
_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)).
SOL-CI-11-00087 Page 14 of 41
___ (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).
___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting
Requirements (Jul 2010) (Pub. L. 111-5).
_X__ (6) 52.209-6, Protecting the Government’ Interest When
Subcontracting with Contractors Debarred, Suspended, or Proposed for
Debarment (Dec 2010) (31 U.S.C. 6101 note).
_X__ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic
Corporations (section 740 of Division C of Public Law 111-117, section
743 of Division D of Public Law 111-8, and section 745 of Division D of
Public Law 110-161).
___ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source
Award (Jan 2011) (15 U.S.C. 657a).
___ (9) 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).
___ (10) [Reserved]
_X__ (11) (i) 52.219-6, Notice of Total Small Business Aside (June 2003)
(15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-6.
___ (iii) Alternate II (Mar 2004) of 52.219-6.
___ (12) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June
2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
_X__ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011)
(15 U.S.C. 637(d)(2) and (3)).
SOL-CI-11-00087 Page 15 of 41
___ (14) (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 (July 2010) of 52.219-9.
_X__ (15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15
U.S.C. 637(a)(14)).
___ (16) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan
1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (17) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small
Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the
offeror elects to waive the adjustment, it shall so indicate in its offer).
___ (ii) Alternate I (June 2003) of 52.219-23.
___ (18) 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).
___ (19) 52.219-26, Small Disadvantaged Business Participation
Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section
7102, and 10 U.S.C. 2323).
___ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned
Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).
_X__ (21) 52.219-28, Post Award Small Business Program
Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).
___ (22) 52.219-29, Notice of Total Set-Aside for Economically
Disadvantaged Women-Owned Small Business (EDWOSB) Concerns
(Apr 2011).
___ (23) 52.219-30, Notice of Total Set-Aside for Women-Owned Small
Business (WOSB) Concerns Eligible Under the WOSB Program (Apr
2011).
_X__ (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
SOL-CI-11-00087 Page 16 of 41
_X__ (25) 52.222-19, Child Labor—Cooperation with Authorities and
Remedies (Jul 2010) (E.O. 13126).
_X__ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
_X__ (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
_X__ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38
U.S.C. 4212).
_X__ (29) 52.222-36, Affirmative Action for Workers with Disabilities
(Oct 2010) (29 U.S.C. 793).
_X__ (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38
U.S.C. 4212).
_X__ (31) 52.222-40, Notification of Employee Rights Under the National
Labor Relations Act (Dec 2010) (E.O. 13496).
_X__ (32) 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.)
___ (33) (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__ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products
(Dec 2007) (42 U.S.C. 8259b).
___ (35) (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__ (36) 52.223-18, Encouraging Contractor Policies to Ban Text
Messaging while Driving (Aug 2011).
_X__ (37) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C.
10a-10d).
SOL-CI-11-00087 Page 17 of 41
___ (38) (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,
108-301, 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.
___ (39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et
seq., 19 U.S.C. 3301 note).
___ (40) 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).
___ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov
2007) (42 U.S.C. 5150).
___ (42) 52.226-5, Restrictions on Subcontracting Outside Disaster or
Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (43) 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)).
___ (44) 52.232-30, Installment Payments for Commercial Items (Oct
1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
_X__ (45) 52.232-33, Payment by Electronic Funds Transfer—Central
Contractor Registration (Oct. 2003) (31 U.S.C. 3332).
___ (46) 52.232-34, Payment by Electronic Funds Transfer—Other Than
Central Contractor Registration (May 1999) (31 U.S.C. 3332).
___ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).
___ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.
552a).
___ (49) (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.
SOL-CI-11-00087 Page 18 of 41
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to
commercial services, that the Contracting Officer has indicated as being incorporated in this
contract by reference to implement provisions of law or executive orders applicable to
acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_X__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C.
351, et seq.).
_X__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires
(May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
_X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act --
Price Adjustment (Multiple Year and Option Contracts) (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).
___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31
U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record The Contractor shall comply with the
provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in
excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit
and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor’s
directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records,
materials, and other evidence for examination, audit, or reproduction, until 3 years after
final payment under this contract or for any shorter period specified in FAR Subpart 4.7,
SOL-CI-11-00087 Page 19 of 41
Contractor Records Retention, of the other clauses of this contract. If this contract is
completely or partially terminated, the records relating to the work terminated shall be
made available for 3 years after any resulting final termination settlement. Records
relating to appeals under the disputes clause or to litigation or the settlement of claims
arising under or relating to this contract shall be made available until such appeals,
litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and
practices, and other data, regardless of type and regardless of form. This does not require
the Contractor to create or maintain any record that the Contractor does not maintain in
the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of
this clause, the Contractor is not required to flow down any FAR clause, other than those
in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated
below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub.
L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C.
637(d)(2) and (3)), in all subcontracts that offer further subcontracting
opportunities. If the subcontract (except subcontracts to small business concerns)
exceeds $650,000 ($1.5 million for construction of any public facility), the
subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(iii) [Reserved]
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29
U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor
Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with
paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et
seq.)
SOL-CI-11-00087 Page 20 of 41
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C.
7104(g)).
___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment--
Requirements (Nov 2007) (41 U.S.C. 351, et seq.)
(xi) 52.222-53, Exemption from Application of the Service Contract Act to
Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)
(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.
(Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph
(e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels
(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in
accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial
items a minimal number of additional clauses necessary to satisfy its contractual
obligations.
(End of Clause)
Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic
clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a),
(b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and
(c) of this clause”.
Alternate II (Dec 2010). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs
(d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(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
SOL-CI-11-00087 Page 21 of 41
(ii) Interview any officer or employee regarding such transactions.
(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—
(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 (Sept 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)).
SOL-CI-11-00087 Page 22 of 41
(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.
13. 52.222-42 -- Statement of Equivalent Rates for Federal Hires (May 1989)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the
Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees
expected to be employed under the contract and states the wages and fringe benefits payable to
each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341
or 5332.
This Statement is for Information Only:
It is not a Wage Determination
07041 - Cook I $12.59
07130 - Food Service Worker 9.43
HEALTH & WELFARE: (per Hour) $3.59
(End of Clause)
14. TECHNICAL DIRECTION (EPAAR 1552.237-71) (AUG 2009)
SOL-CI-11-00087 Page 23 of 41
(a) Definitions.
"Contracting officer technical representative (COTR)," means an individual appointed by the
contracting officer in accordance with Agency procedures to perform specific technical and
administrative functions.
"Task order," as used in this clause, means work assignment, delivery order, or any other
document issued by the contracting officer to order work under a service contract.
(b) The contracting officer technical representative(s) may provide technical direction on
contract or work request performance. Technical direction includes:
(1) Instruction to the contractor that approves approaches, solutions, designs, or
refinements; fills in details; completes the general descriptions of work shifts emphasis
among work areas or tasks; and
(2) Evaluation and acceptance of reports or other deliverables.
(c) Technical direction must be within the scope of work of the contract and any task order there
under. The contracting officer technical representative(s) does not have the authority to issue
technical direction which:
(1) Requires additional work outside the scope of the contract or task order;
(2) Constitutes a change as defined in the "Changes" clause;
(3) Causes an increase or decrease in the estimated cost of the contract or task order;
(4) Alters the period of performance of the contract or task order; or
(5) Changes any of the other terms or conditions of the contract or task order.
(d) Technical direction will be issued in writing or confirmed in writing within five (5) days after
oral issuance. The contracting officer will be copied on any technical direction issued by the
contracting officer technical representative.
(e) If, in the contractor's opinion, any instruction or direction by the contracting officer technical
representative(s) falls within any of the categories defined in paragraph (c) of the clause, the
contractor shall not proceed but shall notify the contracting officer in writing within 3 days after
receiving it and shall request that the contracting officer take appropriate action as described in
this paragraph. Upon receiving this notification, the contracting officer shall:
(1) Advise the contractor in writing as soon as practicable, but no later than 30 days after
receipt of the contractor's notification, that the technical direction is within the scope of
the contract effort and does not constitute a change under the "Changes" clause of the
contract;
(2) Advise the contractor within a reasonable time that the government will issue a
written modification to the contract; or
SOL-CI-11-00087 Page 24 of 41
(3) Advise the contractor that the technical direction is outside the scope of the contract
and is thereby rescinded.
(f) A failure of the contractor and contracting officer to agree as to whether the technical
direction is within the scope of the contract, or a failure to agree upon the contract action to be
taken with respect thereto, shall be subject to the provisions of the clause entitled "Disputes" in
this contract.
(g) Any action(s) taken by the contractor, in response to any direction given by any person acting
on behalf of the government or any government official other than the contracting officer or the
contracting officer technical representative, shall be at the contractor's risk.
15. KEY PERSONNEL (EPAAR 1552.237.72) (APR 1984)
(a) The Contractor shall assign to this task order the following key personnel:
Government Facility Operations Manager – TBD
(b) During the first ninety (90) 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-calendar day period, the Contractor shall submit
the information required by paragraph (c) to the Contracting Officer at least 15 calendar 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.
16. PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (FAR
52.204-9) (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.
SOL-CI-11-00087 Page 25 of 41
(2) Upon completion of the Contractor employee's employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to
comply with these requirements.
(d) The Contractor shall insert the substance of 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.
17. INSURANCE - WORK ON A GOVERNMENT INSTALLATION (FAR 52.228-5)
(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.
18. INSURANCE - WORK ON A GOVERNMENT INSTALLATION (LRT-28-15) (DEC
2001)
The Contractor's insurance requirements of Clause 52.228-5, Insurance--Work on a
Government Installation (JAN 1997), shall be as follows:
SOL-CI-11-00087 Page 26 of 41
At a minimum, the Contractor shall procure and maintain the following types and amounts of
insurance:
(1) Workmen's compensation and occupational disease insurance in amounts sufficient to satisfy
Federal and State laws;
(2) Employer's liability insurance of at least $100,000, except in States with exclusive or
monopolistic funds that do not permit workers' compensation to be written by private carriers;
(3) General liability insurance for bodily injury liability coverage written on the comprehensive
form of policy of at least $500,000 per occurrence; and
(4) Automobile liability insurance written on the comprehensive form of policy providing for
bodily injury and property damage liability covering the operation of all automobiles used in
connection with performance of the contract of at least $200,000 per person and $500,000 per
occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of
liability coverage on other policies shall be commensurate with any legal requirements of the
locality and sufficient to meet normal and customary claims.
19. GOVERNMENT-FURNISHED FACILITIES/UTILITIES
The Government will provide, at no cost to the Contractor, the necessary office facilities for on-
site work at the U.S. EPA Warehouse facility located at 11029 Kenwood Road, Cincinnati, Ohio.
This includes adequate working space including heat, light, ventilation, electrical current and
outlets, furnishings, telephone service (including long distance service) for use by Contractor
personnel in performing their official duties.
20.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
SOL-CI-11-00087 Page 27 of 41
“printing.” However, if 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).
(b) Prohibition.
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 not to allow the duplication of final documents for use by the
Agency. 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), so long as such pages do not exceed the maximum image size of 10\3/4\
SOL-CI-11-00087 Page 28 of 41
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 contractingofficer in writing. EPA may then seek
a waiver from the Joint Committee on Printing, U. S. Congress. The intent of the limitation is to
allow ``incidental'' duplication (drafts, proofs) under a contract. The intent of the limitation is not
to allow the duplication of copies of final documents for use by the Agency or as distributed as
instructed by the Agency.
(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, so long as such pages do 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. EPA may then seek a waiver from the Joint Committee on
Printing, U. S. Congress.
(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 limits, contractors must
immediately notify the contracting officer in writing. EPA may then seek a waiver from the Joint
Committee on Printing, U. S. Congress.
(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.
21. EMPLOYMENT ELIGIBILITY VERIFICATION (FAR 52.222-54) (JAN 2009)
(a) Definitions. As used in this clause--
"Commercially available off-the-shelf (COTS) item" --
(1) Means any item of supply that is --
(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, without modification, in the same form in which
it is sold in the commercial marketplace; and
SOL-CI-11-00087 Page 29 of 41
(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46
U.S.C. App. 1702), such as agricultural products and petroleum products. Per 46 CFR
525.1(c)(2), ""bulk cargo'' means cargo that is loaded and carried in bulk onboard ship
without mark or count, in a loose unpackaged form, having homogenous characteristics.
Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject
to mark and count and, therefore, ceases to be bulk cargo.
"Employee assigned to the contract" means an employee who was hired after November 6, 1986,
who is directly performing work, in the United States, under a contract that is required to include
the clause prescribed at 22.1803. An employee is not considered to be directly performing work
under a contract if the employee--
(1) Normally performs support work, such as indirect or overhead functions; and
(2) Does not perform any substantial duties applicable to the contract.
"Subcontract" means any contract, as defined in 2.101, entered into by a subcontractor to furnish
supplies or services for performance of a prime contract or a subcontract. It includes but is not
limited to purchase orders, and changes and modifications to purchase orders.
"Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or
services to or for a prime Contractor or another subcontractor.
"United States," as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of
Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.
(b) Enrollment and verification requirements.
(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract
award, the Contractor shall--
(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30
calendar days of contract award;
(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-
Verify program, begin to use E-Verify to initiate verification of employment
eligibility of all new hires of the Contractor, who are working in the United
States, whether or not assigned to the contract, within 3 business days after the
date of hire (but see paragraph (b)(3) of this section); and
(iii) Verify employees assigned to the contract. For each employee assigned to the
contract, initiate verification within 90 calendar days after date of enrollment or
within 30 calendar days of the employee's assignment to the contract, whichever
date is later (but see paragraph (b)(4) of this section).
(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract
award, the Contractor shall use E-Verify to initiate verification of employment eligibility
of--
SOL-CI-11-00087 Page 30 of 41
(i) All new employees.
(A) Enrolled 90 calendar days or more. The Contractor shall initiate
verification of all new hires of the Contractor, who are working in the
United States, whether or not assigned to the contract, within 3 business
days after the date of hire (but see paragraph (b)(3) of this section); or
(B) Enrolled less than 90 calendar days. Within 90 calendar days after
enrollment as a Federal Contractor in E-Verify, the Contractor shall
initiate verification of all new hires of the Contractor, who are working in
the United States, whether or not assigned to the contract, within 3
business days after the date of hire (but see paragraph (b)(3) of this
section); or
(ii) Employees assigned to the contract. For each employee assigned to the
contract, the Contractor shall initiate verification within 90 calendar days after
date of contract award or within 30 days after assignment to the contract,
whichever date is later (but see paragraph (b)(4) of this section).
(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C.
1001(a)); a State or local government or the government of a Federally recognized Indian
tribe; or a surety performing under a takeover agreement entered into with a Federal
agency pursuant to a performance bond, the Contractor may choose to verify only
employees assigned to the contract, whether existing employees or new hires. The
Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2),
respectively, except that any requirement for verification of new employees applies only
to new employees assigned to the contract.
(4) Option to verify employment eligibility of all employees. The Contractor may elect to
verify all existing employees hired after November 6, 1986, rather than just those
employees assigned to the contract. The Contractor shall initiate verification for each
existing employee working in the United States who was hired after November 6, 1986,
within 180 calendar days of--
(i) Enrollment in the E-Verify program; or
(ii) Notification to E-Verify Operations of the Contractor's decision to exercise
this option, using the contact information provided in the E-Verify program
Memorandum of Understanding (MOU).
(5) The Contractor shall comply, for the period of performance of this contract, with the
requirements of the E-Verify program MOU.
(i) The Department of Homeland Security (DHS) or the Social Security
Administration (SSA) may terminate the Contractor's MOU and deny access to
the E-Verify system in accordance with the terms of the MOU. In such case, the
Contractor will be referred to a suspension or debarment official.
SOL-CI-11-00087 Page 31 of 41
(ii) During the period between termination of the MOU and a decision by the
suspension or debarment official whether to suspend or debar, the Contractor is
excused from its obligations under paragraph (b) of this clause. If the suspension
or debarment official determines not to suspend or debar the Contractor, then the
Contractor must reenroll in E-Verify.
(c) Web site. Information on registration for and use of the E-Verify program can be obtained via
the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.
(d) Individuals previously verified. The Contractor is not required by this clause to perform
additional employment verification using E-Verify for any employee--
(1) Whose employment eligibility was previously verified by the Contractor through the
E-Verify program;
(2) Who has been granted and holds an active U.S. Government security clearance for
access to confidential, secret, or top secret information in accordance with the National
Industrial Security Program Operating Manual; or
(3) Who has undergone a completed background investigation and been issued
credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a
Common Identification Standard for Federal Employees and Contractors.
(e) Subcontracts. The Contractor shall include the requirements of this clause, including this
paragraph (e) (appropriately modified for identification of the parties), in each subcontract that--
(1) Is for--
(i) Commercial or noncommercial services (except for commercial services that
are part of the purchase of a COTS item (or an item that would be a COTS item,
but for minor modifications), performed by the COTS provider, and are normally
provided for that COTS item); or
(ii) Construction;
(2) Has a value of more than $3,000; and
(3) Includes work performed in the United States.
22. 52.245-140 Designation of Property Administrator
The property administrator for this contract is as follows:
Ms. Karen Murray
Environmental Protection Agency
1200 Pennsylvania Avenue, NW (M/C 3204R)
Washington, DC 20460
202-564-2539
murray.karen@epa.gov
SOL-CI-11-00087 Page 32 of 41
The property administrator is the Contracting Officer's designated representative on property
matters. The Contractor shall furnish all required information on property to the property
administrator.
23. 1552.245-70 GOVERNMENT PROPERTY (SEP 2009)
(a) The contractor shall not fabricate or acquire, on behalf of the Government, either directly or
indirectly through a subcontract, any item of property without prior written approval from the
Contracting Officer. If the Contracting Officer authorizes the contractor to acquire and/or
fabricate equipment for use in the performance of this contract, the equipment shall be subject to
the provisions of the "Government Property" clause and listed on the contract via contract
modification.
(b) If the Government provides item(s) of Government property to the contractor for use in the
performance of this contract, this property shall be used and maintained by the contractor in
accordance with the provisions of the "Government Property" clause.
The "EPA Contract Property Administration Requirements" provided below apply to this
contract.
U.S. Environmental Protection Agency
Contract Property Administration Requirements
1. Purpose. This document sets forth the requirements for the U.S. Environmental Protection
Agency (EPA) contractors performing Government property management responsibilities under
EPA contracts. These requirements supplement those contained in the Government Property
clause(s) and Part 45 Government Property of the Federal Acquisition Regulation (FAR).
2. Contract Property Administration (CPAR)
a. EPA Delegation. EPA delegates all contract property administration to the EPA Contract
Property Coordinator (CPC). The delegations apply to all EPA contracts issued with or that have
the potential to receive, purchase or acquire Government Property or include the Government
Property clauses. In addition to administering all contract property, the CPC provides technical
expertise and assistance to the Contracting Officer (CO) and Contracting Officer Technical
Representative (COTR) relative to Government Property.
b. DCMA Re-delegation. The CPC may request support for contract property management
oversight, including property administration and plant clearance, from the Defense Contract
Management Agency (DCMA). If DCMA agrees to provide support, DCMA will notify the
contractor of the assigned property administrator (PA) and plant clearance officer (PLCO). The
DCMA PA is available to the contractor for assistance in all matters of property administration.
SOL-CI-11-00087 Page 33 of 41
Notwithstanding the delegation, as necessary, the contractor may contact the EPA CO. In the
event of a disagreement between the contractor and the DCMA PA, the contractor should seek
resolution from the CO. Unless, otherwise directed in the contract, or this document, all originals
of written information or reports, except direct correspondence between the contractor and the
DCMA PA, relative to Government property, should be forwarded to the administrative CO
assigned to this contract and the CPC.
c. Disagreements. Notwithstanding the delegation(s), as necessary, the contractor may contact
the CO. In the event of a disagreement between the contractor and the PA or the CPC the
contractor should seek resolution from the CO.
3. Requests for Government Property.
In accordance with FAR 45.102, the contractor shall furnish all property required for performing
Government contracts. If a contractor believes that Government property is required for
performance of the contract, the contractor shall submit a written request to the CO. At a
minimum, the request shall contain the following elements:
a. Contract number for which the property is required.
b. An item(s) description, quantity and estimated cost.
c. Certification that no like contractor property exists which could be utilized.
d. A detailed description of the task-related purpose of the property.
e. Explanation of negative impact if property is not provided by the Government.
f. Lease versus purchase analysis shall be furnished with the request to acquire property on
behalf of the Government, with the exception of requests for material purchases. The contractor
may not proceed with acquisition of property on behalf of the Government until receipt of
written authorization from the Contracting Officer.
4. Transfer of Government Property. The Contracting Officer initiates the transfer of the
government property via a contract modification. The transferor (EPA or another contractor)
shall provide to the transferee, the receiving contractor, the information needed to establish and
maintain the property records required of FAR 52.245-1, as well as all of the applicable data
elements required by Attachment 1 of this clause. The transferee, the receiving contractor, should
perform a complete inventory of the property before signing the acceptance document for the
property. Accountability will transfer to the receiving contractor upon receipt and acceptance of
the property, in accordance with FAR 45.106.
5. Records of Government Property.
a. In accordance with FAR 52.245-1, the contractor shall create and maintain records of all
Government property, regardless of value, including property provided to and in the possession
SOL-CI-11-00087 Page 34 of 41
of a subcontractor. Material provided by the Government or acquired by the contractor and billed
as a direct charge to the contract is Government property and records must be established as
such.
b. The Contractor shall identify all Superfund property and designate it as such both on the item
and on the Government property record. If it is not practicable to tag the item, the contractor
shall write the ID number on a tag, card or other entity that may be kept with the item or in a file.
c. Support documentation used for posting entries to the property record shall provide complete,
current and auditable data. Entries shall be posted to the record in a timely manner following an
action.
d. For Government vehicles, in addition to the data elements required by EPA, the contractor
shall also comply with the General Services Administration (GSA) and Department of Energy
(DOE) record and report requirements supplied with all EPA provided motor vehicles. If the
above requirements were not provided with the vehicle, the contractor shall notify the designated
CPC and the Fleet Manager.
e. When Government property is disclosed to be in the management and/or control of the
contractor but not provided under any contract, the contractor shall record and report the
property in accordance with FAR 52.245-1.
6. Inventories of Government Property. The contractor shall conduct a complete physical
inventory of EPA property at least once per year. The contractor shall report the results of the
inventory, including any discrepancies, to the CO. Reconciliation of discrepancies shall be
completed in accordance with the schedule negotiated with the CO. See section 10 herein,
Contract Closeout, for information on final inventories.
7. Reports of Government Property. EPA requires an annual summary report, for each contract,
by contract number, of Government property in the contractor's possession. The annual summary
is due as of September 30th of each year, and upon contract termination or expiration.
a. For each classification listed on the EPA Property Report form, with the exception of material,
the contractor shall provide the total acquisition cost and total quantity. If there are zero items in
a classification, or if there is an ending balance of zero, the classification must be listed with
zeros in the quantity and acquisition cost columns.
b. For material, the contractor shall provide the total acquisition cost only.
c. Property classified as Plant Equipment, Superfund and Special Test Equipment must be
reported on two separate lines. The first line shall include the total acquisition cost and quantity
of all items or systems with a unit acquisition cost of $25,000 or more. The second line shall
include the total acquisition cost and quantity of all items with a unit acquisition cost of less than
$25,000.
SOL-CI-11-00087 Page 35 of 41
d. For items comprising a system, which is defined as "a group of interacting items functioning
as a complex whole," the contractor may maintain the record as a system noting all components
of the system under the main component or maintain individual records for each item. However,
for the annual report of Government property the components must be reported as a system with
one total dollar amount for the system, if that system total is $25,000 or more.
e. The reports are to be received at EPA by the CPC by October 5th of each year.
f. Distribution shall be as follows:
Original to: CPC
Ms. Karen Murray
Environmental Protection Agency
1200 Pennsylvania Avenue, NW (M/C 3204R)
Washington, DC 20460
202-564-2539
murray.karen@epa.gov
One copy: Project Officer
TBD
g. Contractors are required to comply with GSA and DOE special reporting requirements for
motor vehicles. A statement of these requirements will be provided by the EPA Facility
Management and Services Division (FMSD) concurrent with receipt of each vehicle.
h. The contractor shall provide detailed reports on an as-needed basis, as may be requested by the
CO or the CPC.
8. Disposition of Government Property. The disposition process is composed of three distinct
phases: identification, reporting, and final disposition.
a. Identification. The disposition process begins with the contractor identifying Government
property that is no longer required for contract performance. Effective contract property
management systems provide for identification of excess as it occurs. Once Government
property has been determined to be excess to the accountable contract, it must be screened
against the contractor's other EPA contracts for further use. If the property may be reutilized, the
contractor shall notify the CO in writing. Government property will be transferred via contract
modifications to other contracts only when the COs on both the current contract and the
receiving contract authorize the transfer.
b. Reporting.
(i) EPA. Government property shall be reported in accordance with FAR 52.245-1. The Standard
Form, SF 1428, Inventory Disposal Schedule, provides the format for reporting excess
Government property. Instructions for completing and when to use the form may be found at
FAR 52.245-1(j). Forward the completed SF 1428 to the CPC. The SF 1428 is available at
http://www.arnet.gov/far/current/html/FormsStandard54.html. Superfund property must contain
SOL-CI-11-00087 Page 36 of 41
a Superfund notification and the following language must be displayed on the form: "Note to
CO: Reimbursement to the EPA Superfund is required."
(ii) DCMA. If the EPA contract has been re-delegated to DCMA, the excess items will be
entered into the Plant Clearance Automated Reutilization Screening System (PCARSS). Access
and information pertaining to this system may be addressed to the DCMA Plant Clearance
Officer (PLCO).
c. Disposition Instructions.
(i) Retention. When Government property is identified as excess, the CO may direct the
contractor in writing to retain all or part of the excess Government Property under the current
contract for possible future requirements.
(ii) Return to EPA. When Government property is identified as excess, the CO may direct the
contractor in writing to return those items to EPA inventory. The contractor shall ship/deliver the
property in accordance with the instructions provided by the CO.
(iii) Transfer. When Government property is identified as excess, the CO may direct the
contractor in writing to transfer the property to another EPA contractor. The contractor shall
transfer the property by shipping it in accordance with the instructions provided by the CO. To
effect transfer of accountability, the contractor shall provide the recipient of the property with the
applicable data elements set forth in Attachment 1 of this clause.
(iv) Sale. If GSA or the DCMA PLCO conducts a sale of the excess Government property, the
contractor shall allow prospective bidders access to property offered for sale.
(v) Abandonment. Abandoned property must be disposed of in a manner that does not endanger
the health and safety of the public. If the contract is delegated to DCMA and the contractor has
input EPA property into the PCARSS system, the EPA Property Utilization Officer (PUO) shall
notify the CO. The CO shall notify the contractor in writing of those items EPA would like to
retain, have returned or transferred to another EPA contractor. The contractor shall notify the
DCMA PLCO and request withdrawal of those items from the inventory schedule. The
contractor shall update the Government property record to indicate the disposition of the item
and to close the record. The contractor shall also obtain either a signed receipt or proof of
shipment from the recipient. The contractor shall notify the CO when all actions pertaining to
disposition have been completed. The contractor shall complete an EPA Property report with
changes, to include supporting documentation of completed disposition actions and submit it to
the CPC.
9. Decontamination. In addition to the requirements of the "Government Property" clause and
prior to performing disposition of any EPA Government Property, the contractor shall certify in
writing that the property is free from contamination by any hazardous or toxic substances.
10. Contract Closeout. The contractor shall complete a physical inventory of all Government
property at contract completion and the results, including any discrepancies, shall be reported to
SOL-CI-11-00087 Page 37 of 41
the CO. If the contract is delegated to DCMA, the physical inventory report will be submitted to
the EPA CO and a copy submitted to the DCMA PA. In the case of a terminated contract, the
contractor shall comply with the inventory requirements set forth in the applicable termination
clause. The results of the inventory, as well as a detailed inventory listing, must be forwarded to
the CO and if delegated, a copy to the DCMA PA. In order to expedite the disposal process,
contractors may be required to, or may elect to submit to the CPC, an inventory schedule for
disposal purposes up to six (6) months prior to contract completion. If such an inventory
schedule is prepared, the contractor must indicate the earliest date that each item may be
disposed. The contractor shall update all property records to show disposal action. The contractor
shall notify the CO, and, if delegated, the DCMA PA, in writing, when all work has been
completed under the contract and all Government property accountable to the contract has been
disposed. The contractor shall complete a FINAL EPA Property report with all supporting
documentation to the CPC.
Attachment 1
Required Data Element--In addition to the requirements of FAR 52.245-1(f)(vi), Reports of
Government Property, the contractor is required to maintain, and report the following data
elements for EPA Government property (all elements are not applicable to material):
Name and address of the administrative Contracting Officer; Name of the contractor
representative; Business type; Name and address of the contract property coordinator; Superfund
(Yes/No); No. of Subcontractor/Alternate Locations.
Note: For items comprising a system which is defined as, "a group of interacting items
functioning as a complex whole," the contractor may maintain the record as a system noting all
components of the system under the main component or maintain individual records for each
item. However, for the Annual Report of Government Property, the components must be
reported as a system with one total dollar amount for the system, if that system total is $25,000
or more.
(End of clause)
24. 52.245-9 -- Use and Charges (Aug 2010)
(a) Definitions. Definitions applicable to this contract are provided in the clause at 52.245-1,
Government Property. Additional definitions as used in this clause include:
“Rental period” means the calendar period during which Government property is made available
for nongovernmental purposes.
“Rental time” means the number of hours, to the nearest whole hour, rented property is actually
used for nongovernmental purposes. It includes time to set up the property for such purposes,
perform required maintenance, and restore the property to its condition prior to rental (less
normal wear and tear).
SOL-CI-11-00087 Page 38 of 41
(b) Use of Government property. The Contractor may use the Government property without
charge in the performance of—
(1) Contracts with the Government that specifically authorize such use without charge;
(2) Subcontracts of any tier under Government prime contracts if the Contracting Officer
having cognizance of the prime contract—
(i) Approves a subcontract specifically authorizing such use; or
(ii) Otherwise authorizes such use in writing; and
(3) Other work, if the Contracting Officer specifically authorizes in writing use without
charge for such work.
(c) Rental. If granted written permission by the Contracting Officer, or if it is specifically
provided for in the Schedule, the Contractor may use the Government property (except material)
for a rental fee for work other than that provided in paragraph (b) of this clause. Authorizing
such use of the Government property does not waive any rights of the Government to terminate
the Contractor’s right to use the Government property. The rental fee shall be determined in
accordance with the following paragraphs.
(d) General.
(1) Rental requests shall be submitted to the Administrative Contracting Officer (ACO),
identify the property for which rental is requested, propose a rental period, and compute
an estimated rental charge by using the Contractor’s best estimate of rental time in the
formulae described in paragraph (e) of this clause.
(2) The Contractor shall not use Government property for nongovernmental purposes,
including Independent Research and Development, until a rental charge for real property,
or estimated rental charge for other property, is agreed upon. Rented property shall be
used only on a non-interference basis.
(e) Rental charge.—
(1) Real property and associated fixtures.
(i) The Contractor shall obtain, at its expense, a property appraisal from an
independent licensed, accredited, or certified appraiser that computes a monthly,
daily or hourly rental rate for comparable commercial property. The appraisal
may be used to compute rentals under this clause throughout its effective period
or, if an effective period is not stated in the appraisal, for one year following the
date the appraisal was performed. The Contractor shall submit the appraisal to the
ACO at least 30 days prior to the date the property is needed for nongovernmental
SOL-CI-11-00087 Page 39 of 41
use. Except as provided in paragraph (e)(1)(iii) of this clause, the ACO shall use
the appraisal rental rate to determine a reasonable rental charge.
(ii) Rental charges shall be determined by multiplying the rental time by the
appraisal rental rate expressed as a rate per hour. Monthly or daily appraisal rental
rates shall be divided by 720 or 24, respectively, to determine an hourly rental
rate.
(iii) When the ACO believes the appraisal rental rate is unreasonable, the ACO
shall promptly notify the Contractor. The parties may agree on an alternative
means for computing a reasonable rental charge.
(iv) The Contractor shall obtain, at its expense, additional property appraisals in
the same manner as provided in paragraph (e)(1)(i) if the effective period has
expired and the Contractor desires the continued use of property for
nongovernmental use. The Contractor may obtain additional appraisals within the
effective period of the current appraisal if the market prices decrease
substantially.
(2) Other Government property. The Contractor may elect to compute the rental charge
using the appraisal method described in paragraph (e)(1) of this clause subject to the
constraints therein or the following formula in which rental time shall be expressed in
increments of not less than one hour with portions of hours rounded to the next higher
hour: The rental charge is calculated by multiplying 2 percent of the acquisition cost by
the hours of rental time, and dividing by 720.
(3) Alternative methodology. The Contractor may request consideration of an alternative
basis for computing the rental charge if it considers the monthly rental rate or a time-
based rental unreasonable or impractical.
(f) Rental payments.
(1) Rent is due 60 days following completion of the rental period or as otherwise
specified in the contract. The Contractor shall compute the rental due, and furnish records
or other supporting data in sufficient detail to permit the ACO to verify the rental time
and computation. Payment shall be made by check payable to the Treasurer of the United
States and sent to the contract administration office identified in the contract, unless
otherwise specified by the Contracting Officer.
(2) Interest will be charged if payment is not made by the date specified in paragraph
(f)(1) of this clause. Interest will accrue at the “Renegotiation Board Interest Rate”
(published in the Federal Register semiannually on or about January 1st and July 1st) for
the period in which the rent is due.
(3) The Government’s acceptance of any rental payment under this clause, in whole or in
part, shall not be construed as a waiver or relinquishment of any rights it may have
SOL-CI-11-00087 Page 40 of 41
against the Contractor stemming from the Contractor’s unauthorized use of Government
property or any other failure to perform this contract according to its terms
(g) Use revocation. At any time during the rental period the Government may revoke
nongovernmental use authorization and require the Contractor, at he Contractor’s expense, to
return the property to the Government, restore the property to its pre-rental condition (less
normal wear and tear), or both.
(h) Unauthorized use. The unauthorized use of Government property can subject a person to
fines, imprisonment, or both under 18 U.S.C. 641.
(End of Clause)
SOL-CI-11-00087 Page 41 of 41
Attachment E
SOL-CI-11-00087
Quality Assurance Surveillance Plan
For Cafeteria Services
1. This Quality Assurance Surveillance Plan (QASP) has been developed to implement the
Cafeteria Services performance-based contract. It is designed to provide the EPA an effective
and systematic surveillance method for each listed service on the Performance outlined in the
contract.
1.1 Where appropriate, methods for administering and evaluating services not included in the
Performance Requirements Summary are to be developed by the QAE.
1.2 Any non-conformance with contract requirements is a “defect.” The term “defective” is used
to reference a service output in the Performance Requirements Summary that does not meet the
outputs’ associated standard.
1.3 The QASP provides a systematic method to evaluate the services the contractor is required to
furnish and not the details of how the contractor accomplishes the work. The plan uses a
combination of the surveillance methods, which adequately assures the government of the
contractor’s performance.
1.4 This QASP is based on the premise that the contractor, and not the government, is
responsible for management and quality control actions to meet the terms of the contract. The
Performance Requirements recognize that the contractor is not a perfect manager and that
unforeseen and uncontrollable problems do occur. Good management and use of an adequate
quality control plan will allow the contractor to operate within specified performance
requirements. The EPA is to be objective, fair, and consistent in evaluating contractor
performance against the standards.
How to Use the Surveillance Plan
2. Periodic Inspection- Periodic Inspection of the contractors work will be consistent on a
weekly or monthly basis.
2.1 Customer Feedback- Unsolicited feedback regarding customer complaints or issues will be
used as a partial contractor monitoring tool. The EPA shall also directly contact some customers
to determine if the contractor is providing service in accordance with the Statement of Work.
2.2 Contractor Reports-Reports generated by the contractor and provided to the Government
shall be used as an evaluation tool.
Performance Requirement Summary #1- A monthly minimum of 3(three) checks will be
made to ensure cleanness, orderly, sanitary, and well-organized in the cafeteria serving area,
kitchen area, dining area, salad bar area, storerooms, freezers, and trash cans.
Quality Assurance Surveillance Plan Page 1 of 3
Customer comments when received will also be investigated, validated, and used as a monitoring
device for this requirement.
Performance Requirement Summary #2- A monthly minimum of 3(three) randomly selected
menus will checked to ensure variety, appearance of food are presentable and consistent. Also
checking for easy to read menus with prices listed and menu items posted on the board no later
than 9:00 AM each morning.
Performance Requirement Summary #3- A weekly minimum of proposed menus will be
submitted by close of business on Wednesday for the following week.
Customer comments when received will also be investigated, validated, and used as a monitoring
device for this requirement.
Performance Requirement Summary #4- A minimum of 3 (three) randomly selected check up
of the Contractor’s employee to ensure they are wearing uniforms, badges, caps at all times in
the Government facility.
Performance Requirement Summary #5- A minimum of 3 (three) randomly selected check up
of the Contractor to ensure all disposable containers are provided for carry-out including flatware
cups, lids, plates, and bowls are recyclable.
Performance Requirement Summary #6- A minimum of 5 (five) randomly selected check up
of the Contractor to ensure no pre-packaged meals/food is being served and menu selection
includes a variety of hot and cold entrée, sandwiches, fruits, vegetables, and salads.
Customer comments when received will also be investigated, validated, and used as a monitoring
device for this requirement.
Performance Requirement Summary #7- The EPA shall ensure written documentation of
Contractor employees are physically able to perform work, tasks normally associated with a
cafeteria operation, and is free of any communicable disease that would preclude employment in
a food service facility. This document is must be signed by the examining physician or an
authorized officer of the local or state health department. This document must be maintained in
the cafeteria facility and be available for inspection by an authorized representative of EPA.
Performance Requirement Summary #8- The EPA shall inspect the all foods that are served to
ensure they are presentable in appearance and correct in temperature and consistency. They shall
be crisp, moist, tender, dry, ect., as may be appropriate in each case.
Performance Requirement Summary #9- Five (5) randomly selected check-ups to ensure
lights, fans, dishwasher are turned off, and check wire gates shall be closed and locked to secure
cafeteria equipment.
Quality Assurance Surveillance Plan Page 2 of 3
Customer comments when received will also be investigated, validated, and used as a monitoring
device for this requirement.
Performance Requirement Summary #10- 100% of all reports must me accurate and received
as requested in the SOW.
Quality Assurance Surveillance Plan Page 3 of 3
Page 1 of 10
Attachment F–US Department of Labor Service Contract Act Wage Determination
WD 05-2414 (Rev.-12) was first posted on www.wdol.gov on 06/17/2011
************************************************************************************
REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON D.C. 20210
|
|
|
| Wage Determination No.: 2005-2414
Diane C. Koplewski Division of | Revision No.: 12
Director Wage Determinations| Date Of Revision: 06/13/2011
_______________________________________|____________________________________________
States: Indiana, Kentucky, Ohio
Area: Indiana Counties of Dearborn, Franklin, Ohio, Ripley, Switzerland
Kentucky Counties of Boone, Bracken, Campbell, Carroll, Gallatin, Grant,
Kenton, Mason, Pendleton
Ohio Counties of Brown, Butler, Clermont, Hamilton, Warren
____________________________________________________________________________________
**Fringe Benefits Required Follow the Occupational Listing**
OCCUPATION CODE - TITLE FOOTNOTE RATE
01000 - Administrative Support And Clerical Occupations
01011 - Accounting Clerk I 13.68
01012 - Accounting Clerk II 15.35
01013 - Accounting Clerk III 17.17
01020 - Administrative Assistant 21.54
01040 - Court Reporter 17.63
01051 - Data Entry Operator I 12.40
01052 - Data Entry Operator II 13.83
01060 - Dispatcher, Motor Vehicle 17.80
01070 - Document Preparation Clerk 14.16
01090 - Duplicating Machine Operator 14.16
01111 - General Clerk I 11.98
01112 - General Clerk II 13.97
01113 - General Clerk III 15.41
01120 - Housing Referral Assistant 19.84
01141 - Messenger Courier 12.08
01191 - Order Clerk I 13.59
01192 - Order Clerk II 17.02
01261 - Personnel Assistant (Employment) I 15.67
01262 - Personnel Assistant (Employment) II 17.53
01263 - Personnel Assistant (Employment) III 19.55
01270 - Production Control Clerk 20.55
01280 - Receptionist 14.31
01290 - Rental Clerk 14.57
01300 - Scheduler, Maintenance 15.84
01311 - Secretary I 15.84
01312 - Secretary II 17.79
01313 - Secretary III 19.84
01320 - Service Order Dispatcher 14.76
01410 - Supply Technician 21.54
01420 - Survey Worker 17.63
01531 - Travel Clerk I 12.86
01532 - Travel Clerk II 13.72
01533 - Travel Clerk III 14.55
01611 - Word Processor I 13.33
01612 - Word Processor II 14.96
01613 - Word Processor III 17.63
05000 - Automotive Service Occupations
05005 - Automobile Body Repairer, Fiberglass 21.14
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05010 - Automotive Electrician 23.12
05040 - Automotive Glass Installer 21.61
05070 - Automotive Worker 22.26
05110 - Mobile Equipment Servicer 20.65
05130 - Motor Equipment Metal Mechanic 24.59
05160 - Motor Equipment Metal Worker 22.26
05190 - Motor Vehicle Mechanic 23.03
05220 - Motor Vehicle Mechanic Helper 20.30
05250 - Motor Vehicle Upholstery Worker 21.42
05280 - Motor Vehicle Wrecker 22.26
05310 - Painter, Automotive 23.12
05340 - Radiator Repair Specialist 22.26
05370 - Tire Repairer 15.45
05400 - Transmission Repair Specialist 24.59
07000 - Food Preparation And Service Occupations
07010 - Baker 12.32
07041 - Cook I 12.59
07042 - Cook II 13.52
07070 - Dishwasher 9.17
07130 - Food Service Worker 9.43
07210 - Meat Cutter 15.84
07260 - Waiter/Waitress 9.20
09000 - Furniture Maintenance And Repair Occupations
09010 - Electrostatic Spray Painter 17.91
09040 - Furniture Handler 13.81
09080 - Furniture Refinisher 17.91
09090 - Furniture Refinisher Helper 15.31
09110 - Furniture Repairer, Minor 16.59
09130 - Upholsterer 17.91
11000 - General Services And Support Occupations
11030 - Cleaner, Vehicles 11.03
11060 - Elevator Operator 11.03
11090 - Gardener 17.15
11122 - Housekeeping Aide 12.52
11150 - Janitor 12.52
11210 - Laborer, Grounds Maintenance 14.99
11240 - Maid or Houseman 9.78
11260 - Pruner 13.48
11270 - Tractor Operator 16.71
11330 - Trail Maintenance Worker 14.99
11360 - Window Cleaner 13.26
12000 - Health Occupations
12010 - Ambulance Driver 17.31
12011 - Breath Alcohol Technician 17.92
12012 - Certified Occupational Therapist Assistant 22.59
12015 - Certified Physical Therapist Assistant 25.26
12020 - Dental Assistant 16.51
12025 - Dental Hygienist 31.13
12030 - EKG Technician 21.92
12035 - Electroneurodiagnostic Technologist 21.92
12040 - Emergency Medical Technician 17.31
12071 - Licensed Practical Nurse I 16.02
12072 - Licensed Practical Nurse II 17.92
12073 - Licensed Practical Nurse III 19.98
12100 - Medical Assistant 13.63
12130 - Medical Laboratory Technician 16.79
12160 - Medical Record Clerk 15.33
12190 - Medical Record Technician 15.75
12195 - Medical Transcriptionist 16.28
12210 - Nuclear Medicine Technologist 30.54
12221 - Nursing Assistant I 10.27
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12222 - Nursing Assistant II 11.56
12223 - Nursing Assistant III 12.61
12224 - Nursing Assistant IV 14.16
12235 - Optical Dispenser 16.72
12236 - Optical Technician 15.02
12250 - Pharmacy Technician 15.22
12280 - Phlebotomist 15.39
12305 - Radiologic Technologist 22.35
12311 - Registered Nurse I 24.51
12312 - Registered Nurse II 29.20
12313 - Registered Nurse II, Specialist 29.20
12314 - Registered Nurse III 35.32
12315 - Registered Nurse III, Anesthetist 35.32
12316 - Registered Nurse IV 42.35
12317 - Scheduler (Drug and Alcohol Testing) 22.20
13000 - Information And Arts Occupations
13011 - Exhibits Specialist I 19.76
13012 - Exhibits Specialist II 24.48
13013 - Exhibits Specialist III 29.93
13041 - Illustrator I 20.17
13042 - Illustrator II 24.99
13043 - Illustrator III 30.56
13047 - Librarian 27.38
13050 - Library Aide/Clerk 12.27
13054 - Library Information Technology Systems 24.96
Administrator
13058 - Library Technician 15.33
13061 - Media Specialist I 17.68
13062 - Media Specialist II 19.76
13063 - Media Specialist III 22.38
13071 - Photographer I 13.98
13072 - Photographer II 17.85
13073 - Photographer III 21.52
13074 - Photographer IV 26.56
13075 - Photographer V 32.12
13110 - Video Teleconference Technician 19.61
14000 - Information Technology Occupations
14041 - Computer Operator I 15.90
14042 - Computer Operator II 17.80
14043 - Computer Operator III 19.83
14044 - Computer Operator IV 22.04
14045 - Computer Operator V 24.40
14071 - Computer Programmer I 19.86
14072 - Computer Programmer II 24.53
14073 - Computer Programmer III (see 1)
14074 - Computer Programmer IV (see 1)
14101 - Computer Systems Analyst I (see 1)
14102 - Computer Systems Analyst II (see 1)
14103 - Computer Systems Analyst III (see 1)
14150 - Peripheral Equipment Operator 15.90
14160 - Personal Computer Support Technician 22.04
15000 - Instructional Occupations
15010 - Aircrew Training Devices Instructor (Non-Rated) 31.98
15020 - Aircrew Training Devices Instructor (Rated) 38.68
15030 - Air Crew Training Devices Instructor (Pilot) 42.71
15050 - Computer Based Training Specialist / Instructor 31.98
15060 - Educational Technologist 29.32
15070 - Flight Instructor (Pilot) 42.71
15080 - Graphic Artist 23.35
15090 - Technical Instructor 20.97
15095 - Technical Instructor/Course Developer 25.67
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15110 - Test Proctor 16.94
15120 - Tutor 16.94
16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations
16010 - Assembler 9.13
16030 - Counter Attendant 9.13
16040 - Dry Cleaner 11.56
16070 - Finisher, Flatwork, Machine 9.13
16090 - Presser, Hand 9.13
16110 - Presser, Machine, Drycleaning 9.13
16130 - Presser, Machine, Shirts 9.13
16160 - Presser, Machine, Wearing Apparel, Laundry 9.13
16190 - Sewing Machine Operator 12.37
16220 - Tailor 13.18
16250 - Washer, Machine 9.91
19000 - Machine Tool Operation And Repair Occupations
19010 - Machine-Tool Operator (Tool Room) 25.18
19040 - Tool And Die Maker 27.35
21000 - Materials Handling And Packing Occupations
21020 - Forklift Operator 16.13
21030 - Material Coordinator 19.61
21040 - Material Expediter 19.61
21050 - Material Handling Laborer 16.74
21071 - Order Filler 12.00
21080 - Production Line Worker (Food Processing) 17.33
21110 - Shipping Packer 14.79
21130 - Shipping/Receiving Clerk 14.79
21140 - Store Worker I 12.38
21150 - Stock Clerk 17.07
21210 - Tools And Parts Attendant 17.33
21410 - Warehouse Specialist 17.33
23000 - Mechanics And Maintenance And Repair Occupations
23010 - Aerospace Structural Welder 26.12
23021 - Aircraft Mechanic I 24.88
23022 - Aircraft Mechanic II 26.12
23023 - Aircraft Mechanic III 27.43
23040 - Aircraft Mechanic Helper 18.67
23050 - Aircraft, Painter 21.67
23060 - Aircraft Servicer 20.22
23080 - Aircraft Worker 21.02
23110 - Appliance Mechanic 20.12
23120 - Bicycle Repairer 17.00
23125 - Cable Splicer 27.41
23130 - Carpenter, Maintenance 19.28
23140 - Carpet Layer 22.59
23160 - Electrician, Maintenance 21.81
23181 - Electronics Technician Maintenance I 22.26
23182 - Electronics Technician Maintenance II 24.10
23183 - Electronics Technician Maintenance III 26.90
23260 - Fabric Worker 19.02
23290 - Fire Alarm System Mechanic 18.56
23310 - Fire Extinguisher Repairer 17.95
23311 - Fuel Distribution System Mechanic 24.93
23312 - Fuel Distribution System Operator 20.52
23370 - General Maintenance Worker 20.86
23380 - Ground Support Equipment Mechanic 24.88
23381 - Ground Support Equipment Servicer 20.22
23382 - Ground Support Equipment Worker 21.02
23391 - Gunsmith I 17.95
23392 - Gunsmith II 20.15
23393 - Gunsmith III 23.94
23410 - Heating, Ventilation And Air-Conditioning 20.17
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Mechanic
23411 - Heating, Ventilation And Air Contditioning 20.88
Mechanic (Research Facility)
23430 - Heavy Equipment Mechanic 21.17
23440 - Heavy Equipment Operator 20.90
23460 - Instrument Mechanic 22.82
23465 - Laboratory/Shelter Mechanic 20.98
23470 - Laborer 13.44
23510 - Locksmith 19.49
23530 - Machinery Maintenance Mechanic 23.90
23550 - Machinist, Maintenance 22.22
23580 - Maintenance Trades Helper 15.35
23591 - Metrology Technician I 22.82
23592 - Metrology Technician II 23.62
23593 - Metrology Technician III 24.40
23640 - Millwright 27.90
23710 - Office Appliance Repairer 18.88
23760 - Painter, Maintenance 19.70
23790 - Pipefitter, Maintenance 25.62
23810 - Plumber, Maintenance 21.87
23820 - Pneudraulic Systems Mechanic 23.94
23850 - Rigger 22.75
23870 - Scale Mechanic 20.15
23890 - Sheet-Metal Worker, Maintenance 20.73
23910 - Small Engine Mechanic 18.96
23931 - Telecommunications Mechanic I 24.41
23932 - Telecommunications Mechanic II 26.44
23950 - Telephone Lineman 23.52
23960 - Welder, Combination, Maintenance 20.42
23965 - Well Driller 21.76
23970 - Woodcraft Worker 23.94
23980 - Woodworker 17.59
24000 - Personal Needs Occupations
24570 - Child Care Attendant 11.04
24580 - Child Care Center Clerk 15.48
24610 - Chore Aide 10.38
24620 - Family Readiness And Support Services 13.81
Coordinator
24630 - Homemaker 17.36
25000 - Plant And System Operations Occupations
25010 - Boiler Tender 23.38
25040 - Sewage Plant Operator 19.24
25070 - Stationary Engineer 23.38
25190 - Ventilation Equipment Tender 17.78
25210 - Water Treatment Plant Operator 19.24
27000 - Protective Service Occupations
27004 - Alarm Monitor 18.18
27007 - Baggage Inspector 12.02
27008 - Corrections Officer 24.65
27010 - Court Security Officer 24.65
27030 - Detection Dog Handler 18.00
27040 - Detention Officer 24.65
27070 - Firefighter 24.58
27101 - Guard I 12.02
27102 - Guard II 18.00
27131 - Police Officer I 24.89
27132 - Police Officer II 27.66
28000 - Recreation Occupations
28041 - Carnival Equipment Operator 10.78
28042 - Carnival Equipment Repairer 9.79
28043 - Carnival Equpment Worker 8.08
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28210 - Gate Attendant/Gate Tender 13.25
28310 - Lifeguard 11.25
28350 - Park Attendant (Aide) 14.82
28510 - Recreation Aide/Health Facility Attendant 10.82
28515 - Recreation Specialist 17.31
28630 - Sports Official 11.80
28690 - Swimming Pool Operator 17.89
29000 - Stevedoring/Longshoremen Occupational Services
29010 - Blocker And Bracer 18.15
29020 - Hatch Tender 18.15
29030 - Line Handler 18.15
29041 - Stevedore I 17.06
29042 - Stevedore II 18.28
30000 - Technical Occupations
30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 37.15
30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 25.62
30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 28.21
30021 - Archeological Technician I 18.75
30022 - Archeological Technician II 18.73
30023 - Archeological Technician III 22.73
30030 - Cartographic Technician 22.73
30040 - Civil Engineering Technician 21.67
30061 - Drafter/CAD Operator I 16.39
30062 - Drafter/CAD Operator II 18.35
30063 - Drafter/CAD Operator III 20.46
30064 - Drafter/CAD Operator IV 25.17
30081 - Engineering Technician I 15.69
30082 - Engineering Technician II 17.62
30083 - Engineering Technician III 20.43
30084 - Engineering Technician IV 25.30
30085 - Engineering Technician V 30.94
30086 - Engineering Technician VI 35.32
30090 - Environmental Technician 20.71
30210 - Laboratory Technician 19.49
30240 - Mathematical Technician 22.73
30361 - Paralegal/Legal Assistant I 16.56
30362 - Paralegal/Legal Assistant II 20.52
30363 - Paralegal/Legal Assistant III 25.90
30364 - Paralegal/Legal Assistant IV 30.76
30390 - Photo-Optics Technician 22.73
30461 - Technical Writer I 21.73
30462 - Technical Writer II 26.60
30463 - Technical Writer III 32.19
30491 - Unexploded Ordnance (UXO) Technician I 23.61
30492 - Unexploded Ordnance (UXO) Technician II 28.56
30493 - Unexploded Ordnance (UXO) Technician III 34.24
30494 - Unexploded (UXO) Safety Escort 23.61
30495 - Unexploded (UXO) Sweep Personnel 23.61
30620 - Weather Observer, Combined Upper Air Or (see 2) 21.32
Surface Programs
30621 - Weather Observer, Senior (see 2) 22.73
31000 - Transportation/Mobile Equipment Operation Occupations
31020 - Bus Aide 13.82
31030 - Bus Driver 19.04
31043 - Driver Courier 17.51
31260 - Parking and Lot Attendant 11.21
31290 - Shuttle Bus Driver 18.95
31310 - Taxi Driver 12.96
31361 - Truckdriver, Light 18.95
31362 - Truckdriver, Medium 20.07
31363 - Truckdriver, Heavy 22.08
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31364 - Truckdriver, Tractor-Trailer 22.08
99000 - Miscellaneous Occupations
99030 - Cashier 10.02
99050 - Desk Clerk 11.49
99095 - Embalmer 22.39
99251 - Laboratory Animal Caretaker I 10.52
99252 - Laboratory Animal Caretaker II 11.38
99310 - Mortician 29.07
99410 - Pest Controller 15.64
99510 - Photofinishing Worker 11.98
99710 - Recycling Laborer 18.01
99711 - Recycling Specialist 21.63
99730 - Refuse Collector 16.18
99810 - Sales Clerk 11.34
99820 - School Crossing Guard 10.20
99830 - Survey Party Chief 19.69
99831 - Surveying Aide 11.88
99832 - Surveying Technician 17.59
99840 - Vending Machine Attendant 16.07
99841 - Vending Machine Repairer 18.03
99842 - Vending Machine Repairer Helper 16.07
____________________________________________________________________________________
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: Life, accident, and health insurance plans, sick leave, pension
plans, civic and personal leave, severance pay, and savings and thrift plans.
Minimum employer contributions costing an average of $3.59 per hour computed on the
basis of all hours worked by service employees employed on the contract.
VACATION: 2 weeks paid vacation after 1 year of service with a contractor or
successor; 3 weeks after 8 years, 4 weeks after 15 years, and 5 weeks after 25 years.
Length of service includes the whole span of continuous service with the present
contractor or successor, wherever employed, and with the predecessor contractors in
the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther
King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor
Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A
contractor may substitute for any of the named holidays another day off with pay in
accordance with a plan communicated to the employees involved.) (See 29 CFR 4174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:
1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does
not apply to any employee who individually qualifies as a bona fide executive,
administrative, or professional employee as defined in 29 C.F.R. Part 541. Because
most Computer System Analysts and Computer Programmers who are compensated at a rate
not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per
week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.
400) wage rates may not be listed on this wage determination for all occupations
within those job families. In addition, because this wage determination may not
list a wage rate for some or all occupations within those job families if the survey
data indicates that the prevailing wage rate for the occupation equals or exceeds
$27.63 per hour conformances may be necessary for certain nonexempt employees. For
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example, if an individual employee is nonexempt but nevertheless performs duties
within the scope of one of the Computer Systems Analyst or Computer Programmer
occupations for which this wage determination does not specify an SCA wage rate,
then the wage rate for that employee must be conformed in accordance with the
conformance procedures described in the conformance note included on this wage
determination.
Additionally, because job titles vary widely and change quickly in the computer
industry, job titles are not determinative of the application of the computer
professional exemption. Therefore, the exemption applies only to computer employees
who satisfy the compensation requirements and whose primary duty consists of:
(1) The application of systems analysis techniques and procedures, including
consulting with users, to determine hardware, software or system functional
specifications;
(2) The design, development, documentation, analysis, creation, testing or
modification of computer systems or programs, including prototypes, based on and
related to user or system design specifications;
(3) The design, documentation, testing, creation or modification of computer
programs related to machine operating systems; or
(4) A combination of the aforementioned duties, the performance of which
requires the same level of skills. (29 C.F.R. 541.400).
2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you
work at night as part of a regular tour of duty, you will earn a night differential
and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.
If you are a full-time employed (40 hours a week) and Sunday is part of your
regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday
premium of 25% of your basic rate for each hour of Sunday work which is not overtime
(i.e. occasional work on Sunday outside the normal tour of duty is considered
overtime work).
HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees
employed in a position that represents a high degree of hazard when working with or
in close proximity to ordinance, explosives, and incendiary materials. This
includes work such as screening, blending, dying, mixing, and pressing of sensitive
ordance, explosives, and pyrotechnic compositions such as lead azide, black powder
and photoflash powder. All dry-house activities involving propellants or explosives.
Demilitarization, modification, renovation, demolition, and maintenance operations
on sensitive ordnance, explosives and incendiary materials. All operations
involving regrading and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position that
represents a low degree of hazard when working with, or in close proximity to
ordance, (or employees possibly adjacent to) explosives and incendiary materials
which involves potential injury such as laceration of hands, face, or arms of the
employee engaged in the operation, irritation of the skin, minor burns and the
like; minimal damage to immediate or adjacent work area or equipment being used.
All operations involving, unloading, storage, and hauling of ordance, explosive, and
incendiary ordnance material other than small arms ammunition. These differentials
are only applicable to work that has been specifically designated by the agency for
ordance, explosives, and incendiary material differential pay.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract
(either by the terms of the Government contract, by the employer, by the state or
local law, etc.), the cost of furnishing such uniforms and maintaining (by
laundering or dry cleaning) such uniforms is an expense that may not be borne by an
employee where such cost reduces the hourly rate below that required by the wage
determination. The Department of Labor will accept payment in accordance with the
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following standards as compliance:
The contractor or subcontractor is required to furnish all employees with an
adequate number of uniforms without cost or to reimburse employees for the actual
cost of the uniforms. In addition, where uniform cleaning and maintenance is made
the responsibility of the employee, all contractors and subcontractors subject to
this wage determination shall (in the absence of a bona fide collective bargaining
agreement providing for a different amount, or the furnishing of contrary
affirmative proof as to the actual cost), reimburse all employees for such cleaning
and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in
those instances where the uniforms furnished are made of "wash and wear"
materials, may be routinely washed and dried with other personal garments, and do
not require any special treatment such as dry cleaning, daily washing, or commercial
laundering in order to meet the cleanliness or appearance standards set by the terms
of the Government contract, by the contractor, by law, or by the nature of the work,
there is no requirement that employees be reimbursed for uniform maintenance costs.
The duties of employees under job titles listed are those described in the
"Service Contract Act Directory of Occupations", Fifth Edition, April 2006,
unless otherwise indicated. Copies of the Directory are available on the Internet. A
links to the Directory may be found on the WHD home page at http://www.dol.
gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at
http://wdol.gov/.
REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form
1444 (SF 1444)}
Conformance Process:
The contracting officer shall require that any class of service employee which is
not listed herein and which is to be employed under the contract (i.e., the work to
be performed is not performed by any classification listed in the wage
determination), be classified by the contractor so as to provide a reasonable
relationship (i.e., appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage determination. Such
conformed classes of employees shall be paid the monetary wages and furnished the
fringe benefits as are determined. Such conforming process shall be initiated by
the contractor prior to the performance of contract work by such unlisted class(es)
of employees. The conformed classification, wage rate, and/or fringe benefits shall
be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)}
When multiple wage determinations are included in a contract, a separate SF 1444
should be prepared for each wage determination to which a class(es) is to be
conformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformed
occupation(s) and computes a proposed rate(s).
2) After contract award, the contractor prepares a written report listing in order
proposed classification title(s), a Federal grade equivalency (FGE) for each
proposed classification(s), job description(s), and rationale for proposed wage
rate(s), including information regarding the agreement or disagreement of the
authorized representative of the employees involved, or where there is no authorized
representative, the employees themselves. This report should be submitted to the
contracting officer no later than 30 days after such unlisted class(es) of employees
performs any contract work.
3) The contracting officer reviews the proposed action and promptly submits a report
of the action, together with the agency's recommendations and pertinent
information including the position of the contractor and the employees, to the Wage
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Page 10 of 10
and Hour Division, Employment Standards Administration, U.S. Department of Labor,
for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).
4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or
disapproves the action via transmittal to the agency contracting officer, or
notifies the contracting officer that additional time will be required to process
the request.
5) The contracting officer transmits the Wage and Hour decision to the contractor.
6) The contractor informs the affected employees.
Information required by the Regulations must be submitted on SF 1444 or bond paper.
When preparing a conformance request, the "Service Contract Act Directory of
Occupations" (the Directory) should be used to compare job definitions to insure
that duties requested are not performed by a classification already listed in the
wage determination. Remember, it is not the job title, but the required tasks that
determine whether a class is included in an established wage determination.
Conformances may not be used to artificially split, combine, or subdivide
classifications listed in the wage determination.
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Attachment G
PAST PERFORMANCE QUESTIONNAIRE
SOL-CI-11-00087
Cafeteria Services at the U.S. EPA AWBERC Facility, Cincinnati, OH
Name of Offeror:
Contract Information
Name of Reference’s Organization: ___________Contract Number: _______
Contract Title: _________________________ Contract Value: __
Type of Contract: _____________Period of Performance: ___________
The ratings indicated below are to be supplied by the reference identified above and not by the
offeror.
PERFORMANCE SUPERIOR GOOD ADEQUATE FAIR POOR
ELEMENTS (See Question 5) (See Question 6)
1. Quality of
Product or Service
2. Timeliness of
Performance
3. Business
Relations*
4. Overall
Performance
* Effective management, including subcontracts; reasonable/cooperative behavior; responsive to contract
requirements; notification of problems; flexibility; proactive versus reactive.
5. Remarks on Superior Performance:
(Provide data supporting this observation. You may continue on a separate sheet if needed.)
(continued on next page)
Page 1 of 2
Attachment G
PAST PERFORMANCE QUESTIONNAIRE
SOL-CI-11-00087
Cafeteria Services at the U.S. EPA AWBERC Facility, Cincinnati, OH
6. Remarks on Poor Performance:
(Provide data supporting this observation. You may continue on a separate sheet if needed.)
7. Other Comments:
(You may continue on a separate sheet if needed.)
8. Please identify any corporate affiliations with the offeror, if any.
9. Questionnaire completed by:
Name of Evaluator __________________________
Title __________________________
Date __________________________
Address __________________________
Phone number __________________________
Email: __________________________
Please submit your completed Past Performance Questionnaire DIRECTLY to the U.S. EPA Contract Specialist,
Mike Kreacic, via email kreacic.michael@epa.gov or fax (513) 487-2107, not later than ________________. If you
have any questions, please contact Mr. Kreacic at (513) 487-2104.
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