05GA0A22Q0023 Construction ATTACHMENTS.docx

ATTACHMENT 1: NON-DISCLOSURE AGREEMENT FOR CONTRACTOR AND ITS EMPLOYEES

GAO SOLICITATION #: 05GA0A22Q0023

NON-DISCLOSURE AGREEMENT (CONTRACTOR)

A. Intending to be legally bound, __________________________________________ (the contractor) hereby accepts the obligations contained in this agreement in consideration of being granted conditional access to the Government Accountability Office (GAO) confidential and nonpublic information. For purposes of this agreement, “confidential or nonpublic information” is defined as information generated by or in the possession of GAO that is commercially valuable, trade secret, market sensitive, proprietary, subject to privilege, protected by the Privacy Act (5 U.S.C. § 552a), or otherwise deemed confidential or nonpublic by a GAO division director or office head, and is not otherwise available to the public. This definition applies to confidential or nonpublic information in any form, including document, electronic mail, computer files, conversations, and audio or video recordings. For purposes of this agreement, examples or confidential or nonpublic information include corporate financial data provided to GAO that have not been made public.

B. The contractor acknowledges that any conditional access to GAO confidential and nonpublic information is grated to contractor for the sole purpose of performing its obligations under GAO Contract _____________________________ (the “underlying agreement”). This agreement does not grant contractor access to information or materials that GAO determines in its sole discretion are inappropriate for disclosure to contractor.

C. If there is doubt as to whether a document or information is confidential or nonpublic, or whether a proposed recipient of a document of information is an unauthorized person, the contractor shall request clarification from the contracting officer.

D. The contractor acknowledges that disclosure of confidential or nonpublic information in violation of this agreement could subject the contractor to administrative, civil, or criminal action, as appropriate, under the laws and regulations applicable to the information involved. Violation of this agreement also may constitute a ground for termination of the contractor’s underlying agreement with GAO, and/or suspension and debarment from receiving future federal contracts. Contractor understands that the United States government may seek any remedy available to it to enforce this agreement, including but not limit to application for a court order prohibiting disclosure of information in violation of this agreement.

E. Contractor hereby assigns to the United States government all royalties, remunerations, and emoluments that have resulted, will result, or may result from any personal business transaction inconsistent with the terms of this agreement or any disclosure, publication, or revelation of confidential or nonpublic information inconsistent with the terms of this agreement.

F. Each provision of this agreement is severable. If a court should hold any provision of this agreement, unenforceable, all other provisions shall remain in full force and effect.

G. The Contractor acknowledges that all conditions and obligations created by this agreement apply during the performance of the underlying GAO agreement and three (3) years thereafter with respect to the information accessed by the contractor that remains confidential or nonpublic.

H. The person signing this agreement on behalf of the contractor warrants that he or she has the authority to enter into this agreement on behalf of the contractor.

Print Contractor Name: ___________________________________________

Signature & Title: _______________________________________________ Date: _______________________________________________

This agreement was accepted by the undersigned on behalf of GAO as a prior condition of conditional access to confidential and nonpublic information.

Contracting Officer Date

ATTACHMENT 2: PAST AND PRESENT PERFORMANCE QUESTIONNAIRE

GOVERNMENT ACCOUNTABILITY OFFICE (GAO)

PAST AND PRESENT PERFORMANCE QUESTIONNAIRE

Solicitation #: 05GA0A22Q0023 IDIQ Construction Services Contract

When completed, this document becomes Source Selection Sensitive Information In Accordance With FAR 3.104

Note: To be completed by the references provided by firm and returned via email directly to the GAO by the date specified. All questionnaires must be sent to GAO from the individual that answered the questionnaire only. Failure to do so may result in rejection of firm Response.

The information from this questionnaire will be utilized in accordance with the 1994 Federal Acquisition Streamlining Act, Section 1091 to evaluate the past performance of firms.

The questionnaire is arranged by six performance areas:

· Quality of Service and Deliverables

· Project Management

· Business Relations

· Cost Control

· Employee Qualifications and Skills

· Team Composition

Your candid response to the questions is important to our evaluation effort and may affect the award outcome. The names of individuals supplying past performance information will remain confidential.

A. CONTRACT IDENTIFICATION:

Contractor Name:

Contractor Phone Number:

Contractor Point of Contact (name, title, phone, e-mail):

Name of Engagement Partner of the Contact (name, phone, e-mail):

Contract/Project Title:

Description of Contract/Project:

Contract Number:

Contract Period or Dates of Performance:

Contract Type:

Was this a competitive contract (Yes/No):

Initial Contract Amount: $

Current/Final Contract Amount: $

Reasons for differences between initial contract cost and current/final contract cost:

Geographic Description of Services Under this Contract (local/nationwide/worldwide/others):

B. RESPONDENT IDENTIFICATION:

Respondent Name:

Respondent Title:

Respondent Agency/Company Name:

Respondent Address:

Respondent Phone Number:

Respondent E-mail:

Respondent Role in the Contract:

Number of Years Respondent Worked on Subject Contract:

C. EVALUATION:

Please indicate your satisfaction with the contractor’s performance by placing an “X” in the appropriate block using the scale provided to the right of each question. Although not required, we request that you justify each of your scale with a comment. Please be specific in your comment as much as possible, especially in situations that warrant very high or very low scales. Use extra pages as necessary or expand the form electronically as needed.

Scales are defined as follows:

SCALE PERFORMANCE LEVEL

O OUTSTANDING: The contractor has demonstrated an outstanding performance level that was significantly in excess of anticipated achievements and is commendable. It is expected that this rating will be used in those rare circumstances where contractor performance clearly exceeds the performance levels described as “Excellent.”

E EXCELLENT: The contractor has substantially exceeded the contract performance requirements.

G GOOD: There are no, or very minimal issues and the contractor has met the contract requirements.

F FAIR: Overall compliance requires minor agency resources to ensure achievement of contract requirements.

P POOR: Overall compliance requires significant agency resources to ensure achievement of contract requirements.

U UNSATISFACTORY: Non-conformances are jeopardizing the achievement of contract requirements, despite use of agency resources. Recovery is not likely. If performance cannot be substantially corrected, it constitutes a significant impediment in consideration for future awards containing similar requirements.

NA NOT APPLICABLE: Unable to provide a score.

Ability to Understand Contract Objectives and Technical Requirements

Quality of Deliverables and Final Reports

Adequacy / Effectiveness of Quality Control Program

Identified Risks / Provides Effective Solutions to Problems

Compliance with Contract Requirements

Contractor Implemented Responsive / Flexible Processes to Improve Quality

Timeliness of Problem Identification and Quality of Corrective Action Plans

Comments

Ability to Effectively Lead, Manage, and Control the Contract

Timeliness / Effectiveness of Contract Problem Resolution Without Extensive Customer Guidance

Timeliness of Performance

Ability to Successfully Respond to Emergency Situations

Scheduling Control and Reliability

Responsive to Schedule Changes

Integration and Coordination of All Activities Needed to Execute the Contract

Comments

Responsible / Responsive Attitude to Customer Needs

Contractor was Reasonable and Cooperative in Dealing with Staff

Ability to Successfully Resolve Disagreements / Disputes

Accessibility of Engagement Partner and Key Personnel to the Customer

Communications with the Customer

Actively Seeking Feedback on Customer Satisfaction

Ability to Alert Government to Unforeseen Costs Before They Occur

Ability to Meet Forecasted Costs and Perform Within Contract Costs

Accuracy and Timeliness of Cost Reporting (Invoices)

Auditing Technical Knowledge of Contractor Personnel

Information Technology (IT) Technical Knowledge of Contractor Personnel

Laws and Regulations (in Financial Statements Audit and IT) Technical Knowledge of Contractor Personnel

Contractor Personnel Knowledge in Performing an Integrated Financial Statement Audit and IT Evaluation

Contractor Written Skills

Contractor Personnel Presentation Skills

Effectiveness of Team Composition in Terms of Appropriate Mix of Experience, Knowledge, Skills, and Education to Accomplish Contract Requirements

Ability to Provide Sufficiently Experienced, Trained Personnel as Originally Proposed

Ability to Retain Experienced, Trained Personnel Over the Life of Contract

Ability to Smoothly Transition Personnel and Resources

Ability to Hire / Apply a qualified workforce to the Contract

Government Contracts Only: has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations?

Yes___ Default___ Convenience___ Pending Terminations___ No ___

If yes, please explain (e.g., inability to meet cost, performance, or delivery schedules, etc.):

D. NARRATIVE SUMMARY:

· Please list and explain strength(s) of contractor’s performance of the contract.

· Please list and explain weakness(es) of contractor’s performance of the contract:

· Would you hire this contractor in the future to perform one of your critical and demanding programs? Please explain.

Please provide any additional comments concerning this contractor’s performance, as desired.

Respondent Signature: ______________________________ Date: __________________

Please email completed Questionnaire to Ada Williams at williamsa2@gao.gov and Henrietta Young at youngh@gao.gov.

Thank you for your Prompt Response and Assistance!

ATTACHMENT 3: GAO RESPONSE COVER PAGE

GAO Response Cover Page Solicitation #: 05GA0A22Q0023 IDIQ Construction Services

Company Name: ____________________________________________

Name, Title, E-Mail address, and Phone Number of Company Representative for Orders:

Payment Terms:_________________________________

GSA Schedule Number and Expiration Date: _________________________

Please Check Business size: (All that apply):

□ Large □ Small □ Minority-owned □ Women-owned

□ Veteran-owned □ Service Disabled Veteran-Owned □ Small Disadvantage Business □ 8(a)

Unique Entity ID (UEI): _______________________________________________

Tax Identification Number: ____________________________________________

DUNS: ________________________ Cage Code: _______________

NAICS: ________________________ Product Service Code (PSC) _______

Complete Mailing Address: ________________________________________________________________________________________________________________________________

Other Pertinent Information: ________________________________________________________________________________________________________________________________

Response Validity Period (response valid for 30 days, etc….):_________________

Name, Title, E-mail Address, and Phone Number of Person Authorize to Sign Offer: ________________________________________________________________________________________________________________________________

Signature: ______________________________________ Date: ______________