Solicitation_17-223-SOL-00021.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

HFT-322

3900 NCTR ROAD

ATTN: JENNIFER L. JOHNSON

OAGS - ACQUISITION SERVICES

FDA/OO/OFBA/OAGS/DAP

NCTR CODE 16. ADMINISTERED BYCODE

X

X

561612

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORHFA-322

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/30/2017 1200 CS

05/31/2017

870-543-7830JENNIFER JOHNSON

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

17-223-SOL-00021

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 70 1177018OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

JEFFERSON AR 72079

TELEPHONE NO.

17a. CONTRACTOR/

JEFFERSON AR 72079

3900 NCTR ROAD

ATTN: TO BE PROVIDED UPON AWARD

FDA/NCTR

15. DELIVER TO

JEFFERSON AR 72079

3900 NCTR ROAD

OAGS - ACQUISITION SERVICES

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$20.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)X

FDA/OO/OFBA/OAGS/DAP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 04/14/2018 Period of Performance: 09/15/2017 to 04/14/2018

1 Armed Security Guard Services: 7 MO

Furnish all labor, equipment, material, and transportation necessary to provide National Center for Toxological Research (NCTR) - Armed Security Guard Services in accordance with the attached specifications.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

REGINA R. WILLIAMS

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

2 Armed Security Guard Services - Option Period 1: 12 MO

Same as item #1 description.

Period of Performance: 04/15/2018 to 04/14/2019

3 Armed Security Guard Services - Option Period 2: 12 MO

Same as item #1 description.

Period of Performance: 04/15/2019 to 04/14/2020

4 Armed Security Guard Services - Option Period 3: 12 MO

Same as item #1 description.

Period of Performance: 04/15/2020 to 04/14/2021

5 Armed Security Guard Services - Option Period 4: 12 MO

Same as item #1 description.

Period of Performance: 04/15/2021 to 04/14/2022

6 Armed Security Guard Services - Option Period 5: 5 MO

Same as item #1 description.

Period of Performance: 04/15/2022 to 09/14/2022

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

70 2 of

17-223-SOL-0021 Page 3 of 70

PART I - SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C-1 Performance Work Statement

Independently and not as an agent of the Government, the Contractor shall furnish the necessary project management, supervision, personnel, services, materials, vehicles, supplies (targets, ammunition, office supplies, etc., except those items listed as Government furnished in paragraph H-6) and otherwise do all things necessary for or incident to the performance of work set forth herein and in part II, Section J – List of Attachments; Attachment J1- Performance Work Statement with Exhibit J1 - State of Arkansas 90th General Assembly, Act 393.

This requirement includes Armed Security Guard Services to protect the people and property of the Jefferson Laboratories of the Food and Drug Administration (FDA), 3900 NCTR Road, Jefferson, Arkansas, to include: Maintaining entrance/exit control of personnel, vehicles, equipment, and property of the Center's perimeter, visitor housing and conference center, parking lot and area within the main National Center for Toxological Research (NCTR) complex; and conducting foot patrols through currently used buildings within the main NCTR complex, inspecting and reporting security violations, safety and/or hazardous situations and equipment or utility malfunctions.

The area to be secured consists of more than 30 buildings located on 96 fence-enclosed acres. The facilities contain approximately one plus million square feet of floor space used as research laboratories/offices, warehouse storage, animal facilities; some is in various stages of renovation, or demolition.

C-2 Contractor Performance Assessment Rating System (CPARS):

(a) Pursuant to FAR 42.1502, this contract is subject to Contractor Performance Assessment System (CPARS). CPARS is an automated centralized information system accessible via the Internet that maintains reports of contractor performance for each contract. CPARS is located at https://www.cpars.gov/.

(b) Under CPARS, the Government will conduct annual evaluations of the contractor’s performance. The contractor has thirty (30) days after the Government’s evaluation is completed to comment on the evaluation. The contractor may request a meeting to discuss the CPAR at any time during the reporting period.

(c) The CPARS system requires the government to assign the contractor a User ID and password in order to view and comment on evaluation. Provide the name of one individual who will be assigned as the Contractor Representation for CPARS below:

Name:

17-223-SOL-0021 Page 4 of 70

Phone:

E‐mail Address:

C-3 Applicable Wage Rate Decision

The U.S. Department of Labor wage has made a determination of the minimum prevailing wage rates which are to be paid to classes of labor to be employed for the services. The decision number and date with minimum rates for the services are located in Section J-List of Attachments, Attachment J2 - U.S.

Department of Labor Wage Determination No. 2015-5121, Revision No. 1, dated 2/9/2017.

SECTION D – PACKAGING AND MARKING (RESERVED)

SECTION E - INSPECTION AND ACCEPTANCE

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): https://www.acquisition.gov/far/ and http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

FAR Clause No. Title and Date

52.246-4 Inspection of Services—Fixed Priced (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

F-1 Period of Performance

Base Period: September 15, 2017 through April 14, 2018 Option Period 1: April 15, 2018 through April 14, 2019 Option Period 2: April 15, 2019 through April 14, 2020 Option Period 3: April 15, 2020 through April 14, 2021 Option Period 4: April 15, 2021 through April 14, 2022 Option Period 5: April 15, 2022 through July14, 2022

F-2 Reports/Deliverables/Scheduled Items

17-223-SOL-0021 Page 5 of 70

The Contractor shall submit the following reports/deliverables:

1. Security Clearance Requirements

a. In accordance with Section H-1, Personnel Security Clearance Requirements, the

Contractor shall submit completed security forms for all on-site employees and subcontractors as specified in Item III- Summary Schedule of Reports/Deliverables.

b. In addition to the above reports and those listed in Section XVIII of the Performance Work Statement, the contractor may be requested by the NCTR COR or the Contracting Officer to provide special reports on an as needed basis.

2. Insurance Requirements

Prior to commencement of work, the contractor shall furnish the Contracting Officer a certificate or written statement of insurance as outlined under Section H-3, Required insurance.

3. Quality Control Plan

Adequate and consistent quality control is an essential component of successful performance. The Contractor shall adhere to its Quality Control Program. The Quality Control Program shall include but not be limited to the following:

a. A description of the type, level, and frequency of inspections performed by the Contractor's Quality Control Monitor(s) (not routine inspections performed by contract supervisors as a part of their normal duties).

b. Quality Control Inspection Check List used to conduct inspections which include, as a minimum, checks of equipment, uniform and appearance; attendance, Sign-In/Sign-Out procedures;

knowledge and adherence to screening equipment operating procedures; possession of certifications; possession of required licenses and permits; current firearms qualifications and overall performance.

c. A description of the contractor's discipline procedures used when deficient performance is noted by the contractor's Quality Control Monitor(s) or by the Government. All disciplinary reports shall be sent to the COR at the time it is prepared.

d. Quality Control Inspection Reports shall be prepared by the Quality Control Monitor(s). The contractor shall make these reports available to the Contracting Officer and Contracting Officer's Representative (COR). The Contracting Officer and COR shall be forwarded a copy of each inspection report at the time it is prepared. The contractor shall brief the COR of any serious problems or deficiencies noted during an inspection and shall inform the COR of all actions taken or planned to resolve the problems.

e. The Contractor shall provide a complete copy of this plan within thirty (30) days of contract award.

4. Annual Inventory of Contractor Use of Government Furnished Property Report

17-223-SOL-0021 Page 6 of 70

This report shall include as a minimum the following information:

a. Description, including model number, serial number, FDA property decal number, quantity and location of each Government furnished property item

b. Any transfer of Government furnished property made during the reporting period

c. Any maintenance performed on the Government furnished property item during the reporting period.

5. Access to Government Property Policy

The Contractor shall ensure that all contractor employees are informed that they are not to use any Government property for personal use. To ensure that the employees are informed of this policy, the Contractor shall submit to the Contracting Officer two (2) copies of the Contractor's policy on Access to Government Property, documenting and summarizing the contractor's program for the protection, preservation and maintenance of all Government property, procedures to educate their employees on the individual responsibilities for Government property, and efforts to monitor and assess the contractor's property control item.

6. Summary Schedule of Reports/Deliverables:

Scheduled Items Qty Due Dates

1. HHS-745, OF 306, EQIP and two acceptable forms of identification. 1/person Ten (10) calendar days prior to commencement of work

2. Insurance Certificate 1 Prior to commencement of work under the contract and upon renewal

3. Quality Control Plan 1

NLT 30 calendar days after award of contract and as changes are made to the plan.

4. Quality Control Reports 1 NLT 5 calendar days after reports are prepared

5. Annual Inventory of Government Furnished Property 1 NLT 15 calendar days prior to the end of each contract year.

6. Drug Free Workplace Policy 1 Prior to commencement of work.

7. Access to Government Property Policy 2 10 days after award of contract and as changes are made to the plan

F-3 Delivery Instructions for Reports

Unless otherwise noted, contract deliverables shall be delivered to the Contract Specialist listed below:

Food and Drug Administration National Center for Toxicological Research

17-223-SOL-0021 Page 7 of 70

ATTN: Jennifer L. Johnson, Contract Specialist 3900 NCTR Road Bldg. 50, Rm. 429 Jefferson, AR 72079-9502

F-4 Observance of Legal Holidays

a. The government hereby provides "NOTICE" and the Contractor hereby acknowledges "RECEIPT" that the government personnel observe the listed days as holidays:

New Year’s Day Martin Luther King's Birthday President's Day (Washington/Lincoln's Birthday) Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day

- Any other day designated by Federal Statute

- Any other day designated by Executive Order

- Any other day designated by the President's Proclamation

b. When any day falls on a Saturday, the preceding Friday is observed; when ay day falls on a Sunday, the following Monday is observed. It is understood and agreed between the Government and the Contractor that observance of such days by government personnel shall not "on its face" be cause for an additional period of performance, or entitlement of compensation except as set forth within the contract. Contractor employees performing duties at Jefferson Laboratories are not automatically relieved from duty by virtue of the fact that the government employees are dismissed early or given the day off as the Attachment 1, Performance Work Statement prescribes the Contractor's Post requirements.

SECTION G - CONTRACT ADMINISTRATION DATA

G-1 Contract Administration

a. Contracting Officer:

Name: Regina R. Williams Phone: 870-543-7012 Email: Regina.Williams@fda.hhs.gov

17-223-SOL-0021 Page 8 of 70

b. Contract Specialist:

Name: Jennifer L. Johnson Phone: 870-543-7830 Email: jennifer.l.johnson3@fda.hhs.gov

G-2 Contracting Officer’s Representative (COR) Appointment and Authority

The COR assigned to this contract is:

Name: To be provided upon contract award Phone:

Email:

A. Performance of the work under this contract shall be subject to the technical Guidance of the COR. The term "technical guidance" is defined to include the following:

1. Providing information to the Contractor for assistance in the interpretation of drawings, specifications, or technical portions of the work description, other technical performance requirements;

2. Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the Government under the contract;

3. Perform technical evaluation as required;

4. Perform technical inspections and acceptances required by this contract; and

5. Assisting in the resolution of technical problems encountered during performance.

B. Technical guidance must be within the general scope of work stated in the contract. The COR does not have the authority to, and may not, issue any technical direction which (1) constitutes an assignment of additional work outside the general scope of the contract; (2) constitutes a change as defined in the contract Clause entitled "Changes," (3) in any manner causes an increase or decrease in the total contract price; or (4) changes any of the expressed terms, conditions, or specifications of the contract.

C. All technical guidance shall be issued in writing by the COR or shall be confirmed by him/her in writing within five (5) working days.

D. The Contractor shall proceed promptly with the performance of technical guidance duly issued by the COR in the manner prescribed by this clause and within his/her authority under the

17-223-SOL-0021 Page 9 of 70 provisions of this clause.

E. If, in the opinion of the Contractor, any instruction or direction issued by the COR is within one of the categories as defined in B.(1) through B.(4) above, the Contractor shall not proceed but shall notify the CO, in writing, within five (5) working days after the receipt of any such instruction or direction and shall request the CO to modify the contract accordingly. Upon receiving such notification from the Contractor, the CO shall issue an appropriate contract modification or advise the Contractor, in writing, that, in his/her opinion, the technical directions are within the scope of this clause and do not constitute a change under the "Changes" Clause of the contract. The Contractor shall thereupon proceed immediately with the direction given. Any failure of the parties to agree upon the nature of the instruction or direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the contract Clause entitled "Disputes."

G-3 Key Personnel

Pursuant to HHSAAR Clause 352.237-75 - Key Personnel, Section I – Contract Clauses; the following individuals are cited below are key personnel:

NAME TITLE

Project/Contract Manager Quality Control Monitor(s) Training Administrator(s) Supervisory Guards Guards

G-4 Invoice Submission

A. The contractor shall submit all invoices to:

U.S. FOOD AND DRUG ADMINISTRATION

OC/OO/OFBA/OFM/Division of Payment Services 3900 NCTR Rd., HFT-324 Bldg. 50, 6th Floor, Suite 616 Jefferson, AR 72079 nctrinvoices@fda.hhs.gov Phone: 870.543.7042 or 7446

*** Acceptable methods of delivery include: E-mail (preferred) and Standard Mail.

17-223-SOL-0021 Page 10 of 70

B. Invoices submitted under this contract must comply with the requirements set forth in FAR Clauses 52.232-25 (Prompt Payment) and 52.232-33 (Payment by Electronic Funds Transfer – System for Award Management) and/or other applicable FAR clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following:

(i) Name and address of the contractor;

(ii) Invoice date and invoice number;

(iii) Contract/Order number (including a reference to any base award for Indefinite-Delivery/Indefinite- Quantity Contracts or Blanket Purchase Agreements);

(iv) Description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed, including:

(a) period of performance for which costs are claimed;

(b) itemized travel costs, including origin and destination;

(c) any other supporting information necessary to clarify questionable expenditures;

(d) the contractor shall include the Contract Line Item/Funding line item for each description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed;

(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 (Prompt Payment terms other than NET 30); (vii)

Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment);

(viii) Name, title, and phone number of person to notify in event of defective invoice;

(ix) Taxpayer Identification Number (TIN);

(x) Electronic funds transfer (EFT) banking information, including routing transit number of the financial institution receiving payment;

(xi) Name and telephone number of the FDA Approving Official (i.e., Contracting Officer (CO) or Contract Specialist (CS), as referenced in the award document);

(xii) Name and telephone number of the FDA Contracting Officer Representative (COR) or other program center/office point of contact, as referenced in the award document;

(xiii) Contractor is required to attach an invoice log addendum to each invoice which shall include, at a minimum, the following information for contract administration and reconciliation purposes:

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(a) list of all invoices submitted to date under the subject award, including the following:

(1) invoice number, amount, & date submitted

(2) corresponding payment amount & date received

(b) total amount of all payments received to date under the subject contract or order

(c) and, for definitized contracts or orders only, total estimated amounts yet to be invoiced for the current, active period of performance;

(xiv) Any other information or documentation required by the contract/order award.

C. An electronic invoice is acceptable if submitted in adobe acrobat (PDF) format. All items listed in (i) through (xii) of this clause must be included in the electronic invoice. Electronic invoices must be on company letterhead and must contain no ink changes and be legible for printing. [amend/delete, as necessary]

D. Questions regarding invoice payments should be directed to the FDA Payment Office at the e-mail address provided above in Section A.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-1 Personnel Security Clearance Requirements

1. BACKGROUND

The Office of the Assistant Secretary for Management and Budget, Department of Health and Human Services (DHHS), requires that all DHHS employees and contractor employees (including subcontractors) who will be working in a DHHS-owned or leased space and/or who will have access to DHHS equipment, and non-public privileged, proprietary, or trade secret information, undergo a background investigation of some type.

Contractor employees who will be in DHHS-owned or leased space for less than thirty (30) calendar days are exempted from the background investigation requirement but shall still undergo a background check initiated by the NCTR Regulatory Compliance and Risk Management (RCRM) Security Specialist.

These contractor employees must be escorted at all time while in DHHS-owned or leased space.

The Contractor shall comply with the security clearance requirements set forth in Section J-List of Attachments, Attachment J3 - Personnel Security Forms (Charts A & B).

2. GENERAL

The contractor shall submit the following items to the Contracting Officer within ten (10) calendar days prior to commencement of work under this contract:

17-223-SOL-0021 Page 12 of 70

a. Certification that all required security form packets and a list of contractor employees names for whom the requisite security information has been provided to the NCTR RCRM Security Specialist.

b. “Contractor’s Commitment to Protect Non-public Information Agreement” forms signed by each employee named in paragraph a. above.

With the exception of costs associated with fingerprinting, Contractor employees outside of the NCTR RCRM, the Government will conduct all required background investigations at no cost to the contractor. The cost of fingerprinting Contractor employees at any location other than the NCTR RCRM shall be borne by the Contractor.

Contractor employees shall obtain security badges in order to access to DHHS-owned or leased property without an escort. (See Section 3 for details on the badging process). However, in the event that work must commence before security badges can be issued, contractor employees will be allowed onto DHHS- owned or leased property following a successful background check initiated by the NCTR RCRM Security Specialist but must be escorted at all times.

All Contractor employees who undergo a background investigation are required to log onto the Office of Personnel Management’s (OPM’s) Electronic Questionnaire for Investigation Processing (e-QIP) system to complete the forms necessary to initiate their background investigations. The forms required vary with the position risk levels for the contract. The position risk levels for this contract are Level 5.

There are two (2) potential position risk levels, which are:

a. Non-Sensitive Positions (Level 1) (SEE CHART A) – Positions which involve the lowest degree of adverse impact on the efficiency of the Agency. The impact involving the duties are of limited effect. The forms set forth by CHART A are required for Non-Sensitive Positions (Level 1). Contractor employees assigned to Level 1 who receive a favorable preliminary check shall be required to provide additional security information for a background investigation as specified in Paragraph 5 below.

b. Public Trust Positions (Levels 5 or 6) (SEE CHART B) – Positions in which the incumbent’s actions or inaction could diminish public confidence in the integrity, efficiency, or effectiveness of assigned Government activities, whether or not actual damage occurs. The forms set forth by CHARTS B are required for Public Trust Positions (Levels 5 or 6). Contractor employees assigned Levels 5 or 6 must receive a preliminary check as well as a background investigation.

In order to access the e-QIP system, Contractor employees must provide the NCTR RCRM Security Specialist with the following information: (a) full name; (b) position title; (c) social security number;

(d) date of birth; (e) place of birth; (f) email address; and (g) phone number. The Personnel Security Specialist will use this information to initiate each Contractor employee into the e-QIP system. Once this is done, each Contractor employee will receive an email that contains a web link to access the e- QIP system, as well as instructions and additional forms needed to initiate the suitability background

17-223-SOL-0021 Page 13 of 70 investigation. The COR for the contract will provide the name of the appropriate NCTR RCRM Security Specialist to the Contractor.

A Contractor’s failure to comply with the e-QIP processing guidelines shall result in the Contractor’s employees being denied access to FDA property until all security processing has been completed.

3. BADGING PROCESS

The FDA COR will sponsor Contractor employees on the HHS Form 745 in conjunction with E-QIP Initiation Form and OPM Optional Form 306. In order to obtain one, a contractor employee must receive a “favorable” fingerprint return. Fingerprints must be submitted to the NCTR RCRM Security Specialist at least ten (10) calendar days prior to the commencement of work. Fingerprints shall be submitted in one of two ways, depending on where the contract will be performed.

a. Contractor employees who will work in the Washington D.C. metro area shall, at the direction of the FDA COR or his/her designee, contact the Personnel Security Branch to schedule a fingerprinting appointment, or

b. Contractor employees who will work on the NCTR facility shall contact the following to arrange for fingerprinting:

FDA/NCTR

Office of RCRM, Security Specialist 3900 NCTR Road Bldg. 50, Room 315 Jefferson, AR 72079

4. BACKGROUND INVESTIGATIONS

The Government shall conduct an additional background investigation for those individuals named to risk levels 1, 5, and 6 serving under this contract.

Required background investigations may include, but not be limited to:

a. Review of prior Government/military personnel records;

b. Review of FBI records and fingerprint files;

c. Searches of credit bureaus;

d. Personal interviews; and

e. Written inquires covering the subject’s background. Background investigations will be conducted by the OPM.

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The Contractor is responsible for ensuring that the integrity of contract performance is maintained pending completion of all appropriate background investigations of contractor employees.

The Contractor shall submit the information required for eQIP access and other requisite forms for the risk level(s) specified. In addition, the contractor shall provide a cover letter which includes: the Contractor’s name, the contract number, the name of the CO administering the Contract, the names of all Contractor employees’ for whom a background check is required and those employees’ social security numbers, dates of birth, and former names. This cover letter and all completed forms shall be transmitted, in a separate sealed envelope marked, “TO BE OPENED BY ADDRESSEE ONLY,” to:

FDA/NCTR

Office of RCRM, Security Specialist 3900 NCTR Road Bldg. 50, Room 315 Jefferson, AR 72079

The Contractor shall send a separate letter to the Contracting Officer that includes the contract number and employee names.

The Contractor shall advise its prospective employees that all standard forms submitted to the FDA shall be forwarded to the OPM for scheduling background investigations.

NCTR RCRM Security Staff will resolve with the contract employee any issues arising out of inaccurate or incomplete forms.

Employees who have been previously granted a Government security clearance shall advise NCTR RCRM Security Specialist of the details of such clearances to determine if a previous clearance level is suitable for the current FDA position.

At any time, if a contractor employee for whom security forms have been submitted is terminated or otherwise ceases work under the contract, the contractor shall immediately notify NCTR RCRM Security Staff, in writing, with copies to the respective FDA COR and CO.

The OPM background investigation will take approximately 120 calendar days. The CO will notify the Contractor in writing if an employee is denied a clearance. Those individuals who have been cleared by the NCTR RCRM Security Staff may continue to work under the contract. Those who are not cleared must cease work on the contract immediately.

If a Contractor employee changes job responsibilities under this contract, the contractor shall notify the CO, and the Government will make a determination whether an additional security clearance is required.

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In the event that a cleared individual is replaced, the contractor shall notify the CO and comply with all requirements of this clause, as specified herein, prior to the commencement of work by the replacement individual.

The Contractor shall be responsible for the return of any Government issued security badges to the

COR.

5. NON-PUBLIC DATA PROTECTION

The Contractor shall protect the privacy of all information reported by or about contract employees and shall protect against unauthorized disclosure.

Charts A & B are located in Section J-List of Attachments, Attachment J3 - Personnel Security Forms (Charts A & B).

H-2 Tobacco Free Environment

The Department of Health and Human Services is the Federal Government's principal agency for furthering the health of Americans and providing them with essential human services. The health risks of tobacco are clearly documented by the Surgeon General reports. It is essential that the Department, in the accomplishment of its mission, provide a tobacco free environment.

It is therefore the department’s policy to establish a tobacco free environment. All HHS property is designated as tobacco free. This policy applies to Government employees as well as Contractor employees who are designated to work on HHS property.

H-3 Required Insurance

FAR Clause 52.228-5, Insurance-Work on a Government Installation, in Part II, Section I – Contract Clauses, is supplemented to require the following minimum amount of insurance:

1. Worker's Compensation and Employer's Liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

2. General liability. Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence is required.

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3. Automobile liability. The Contractor shall provide automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract.

Policies covering automobiles operating in the United States, its possessions, and Puerto Rico shall provide coverage 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.

H- 4 Access to Government Property, Service and or Space

1. The work required herein must be performed at the NCTR. The Contractor shall be granted ingress and egress at such Government facility.

2. While Contractor personnel are at the Government facility, the Contractor is responsible for compliance with all laws, rules and regulations governing conduct with respect to health and safety not only as the relate to (1) their employees and agents, but also to (2) other personnel who are Government employees or agents of the Government, and to (3) property at the site regardless of whether or not title to such property vests with the Government.

3. When the Contractor's team arrives at the Government facility, the team leader will make detailed arrangements with the COR for access to and availability of the property services and space. This contract schedule recognizes that Contractor possession of such property is not exclusive and the Government

4. shall have the right to repossess any such property or space as may be deemed in its best interest.

5. While on Government premises and in possession of Government property, the Contractor is considered to be a bailee for hire and the Contractor's liability, as required by law, is to exercise ordinary care with respect to that property.

6. The Government property, service and/or space to which the Contractor shall have access, shall be made available at the Government facility. In the event the property to which the Contractor is to have access is not made available as scheduled, the Contracting Officer shall, upon timely written notification by the Contractor, make a determination of the delay, if any, occasioned the Contractor thereby and shall equitably adjust the delivery or performance dates of the contract and any other contractual provision affected by such delay, in accordance with FAR Clauses 42.245-1and 52.212-4.

H-5 Criminal Liability

Disclosure by the Contractor or any of his employees of any protected information to any person not entitled to receive such information, or failure to safeguard any classified information that may come to the Contractor or any person under his control in connection with work under this contract, may subject the Contractor, his agents, or employees to criminal liability under Title 18, Section 793, 794, and 798 of

17-223-SOL-0021 Page 17 of 70 the United States Code. In the case of unclassified information, criminal liability may be applicable under Title 18, Section 641, 1905 and 2071 of the United States Code.

H-6 Designation of Property Administrator and Listing of Government Property

Pursuant to the FAR Clause 52.245-1, Government Property in Part II, Section I, the designation of contract Properrty Offiicer and a items listed below will be furnished to the Contractor in an "as is" condition:

1. Designation of Property Administrator

[To be completed at time of award] is the property administrator for this contract.

[To be completed at time of award] is responsible for coordinating property issues with the Contracting Officer's Representative (COR) and the Government's Contracting Officer.

Direct questions and/or problems regarding the control of property to [To be completed at time of award]

Note: The property administrator cannot obligate Government funds, execute modifications, or otherwise make changes to the contract.

2. List of Government property to be furnished or acquired under this contract:

a. Weapon (9 mm Beretta), quantity of 4 (Serial # M31306Z, M31307Z, M31309Z, BER214998)

b. Handheld Radio, quantity of 3

c. Motorola Handheld Radio, quantity of 1 (Remains at Roemer Rd Gate - PBA Property)

d. DuraComm Base Radio, quantity of 1

e. Toshiba Television, quantity of 1

f. Sony Bravia 55’ Flat Screen Television, quantity of 1

g. HSM Shredder X6 Pro, quantity of 1

h. Samsung SyncMaster 943 Monitor, quantity of 1

i. Brother Fax Machine, quantity of 1

j. Epson Stylus C88 Printer (Easy Lobby System), quantity of 1

k. Samsung SyncMaster 214T, quantity of 1

l. Samsung SyncMaster 2243, quantity of 1

m. Dell Computer Optiplex 7010 w/Keyboard and Mouse, quantity of 4

n. Dell Monitors, quantity of 3

o. Canon Image Class D1120 Copy/Scanner, quantity of 1

p. Canon Image Class MF726C Copy/Scanner, quantity of 1

q. Smith and Wesson Gun Safe, quantity 1

r. Heimann Systems X-ray Machine, quantity of 1

s. Ceia Walk Thru X-ray Machine, quantity of 1

t. Garrett Hand Scanner, quantity of 3

u. Keys: 1-69AB-2, 1-2847H, 1-GM-2, 1-GM-10, 1-CF-18-K, 1-Gate #3, 1-236, 1-

DD215L1, 1- DD215L2, 1-DD215L3, 1-DD215L4, 1-DD215A, 1-DD215B, 1-

DD215C, 1-DD215D, 1- DD215E, 1-DD215F, 1-DD215G, 1-DD215H.

The management and control of any Government property shall be in accordance with Section I, 17-223-SOL-0021 Page 18 of 70

FAR Clause 52.245-1, Government Property.

Government property (to include telephones) shall be used for official Government business only in the performance of the resulting contract. Government property will not be used in any manner for any personal advantage, business gain, or other personal endeavor by the Contractor or its employees.

Water and electricity may be used by the Contractor from existing outlet at no cost to the Contractor.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

Addendum to FAR Clause FAR 52.212-4

52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): https://www.acquisition.gov/far/ and http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

FAR Clause No. Title and Date

52.202-1 Definitions (JAN 2012) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.203-7 Anti-Kickback Procedures (MAY 2014) 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity (MAY 2014) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (APR 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY

2011) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.209-7 Information Regarding Responsibility Matters (JUL 2013) 52.215-2 Audit and Records- Negotiations (OCT 2010) 52.215-12 Subcontractor Cost or Pricing Data (OCT 2010) 52.215-15 Pension Adjustments and Asset Reversions (OCT 2010) 52.215-18 Reversion or Adjustment of Plans for Post- Retirement Benefits (PRB) Other

Than Pensions (JUL 2005)

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52.223-6 Drug-Free Workplace (MAY 2001) 52.224-2 Privacy Act (APR 1984) 52.228-5 Insurance- Work on a Government I n s t a l l a t i o n (JAN 1997) 52.232-18 Availability of Funds (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013) 52.233-3 Protest After Award (AUG 1996) 52.237-1 Site Visit (APR 1984) 52.237-2 Protection of Government Buildings, Equipment and Vegetation (APR

1984) 52.237-3 Continuity of Services (JAN 1991) 52.245-1 Government Property (JAN 2017) 52.249-2 Termination for Convenience of the Government (Fixed- Price) (APR 2012)

HHSAR Clause No. Title and Date

352.203-70 Anti-Lobbying (DEC 2015) 352.222-70 Contractor Cooperation in Equal Employment Opportunity

Investigations (DEC 2015) 352.223-70 Safety and Health (DEC 2015) 352.224-70 Privacy Act (DEC 2015) 352.224-71 Confidential Information (DEC 2015) 352.227-70 Publications and Publicity (DEC 2015) 352.237-75 Key Personnel (DEC 2015) 352.239–73 Electronic Information and Technology Accessibility Notice (DEC 2015)

52.212-4 -- Contract Terms and Conditions -- Commercial Items (JAN 2017)

(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 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to

17-223-SOL-0021 Page 20 of 70 this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct

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EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer— Other Than System for Award Management), 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—

(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 line item or subline item, if applicable; and

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(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 41 U.S.C. 7109, 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:

(A) The date fixed under this contract.

(B) The date of the first written demand…