Solicitation_2016-N-17909_-_REVISED.pdf
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- Environmental Chamber Federal contract opportunity
- Solicitation number
- 2016-N-17909
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Solicitation 2016-N-17909 - REVISED
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11. DELIVERY FOR FOB
DESTINATION UNLESS
BLOCK IS MARKED
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
PAGE 1 OF
2. CONTRACT NO.
3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER
5. SOLICITATION NUMBER
2016-N-17909
6. SOLICITATION
ISSUE DATE
07/07/2016
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME Katie Oyler
b. TELEPHONE NUMBER (No collect calls)
(412) 386-4450
8. OFFER DUE DATE/
LOCAL TIME
08/05/2016
9. ISSUED BY CODE 3635 10. THIS ACQUISITION IS 12. DISCOUNT TERMS
Ctrs for Disease Control & Prevention PGH Office of Acquisition Services, Branch 4 626 Cochrans Mill Rd Pittsburgh, PA 15236-0070
UNRESTRICTED
X SET ASIDE: 100 % FOR
X SMALL BUSINESS
SMALL DISADV. BUSINESS
8(A)
SIC: 334516
SIZE STANDARD: 1,000
X SEE SCHEDULE
13a. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB X RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE 3635
Ctrs for Disease Control & Prevention PGH Office of Acquisition Services, Branch 4 626 Cochrans Mill Rd Pittsburgh, PA 15236-0070 CODE 18a. PAYMENT WILL BE MADE BY CODE 434
Centers for Disease Control and Prevention (FMO) PO Box 15580 404-718-8100 Atlanta, GA 30333-0080
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
“See Continuation Page”
(Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
28.
CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET
FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT
TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
29.
AWARD OF CONTRACT: REFERENCE OFFER
DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (Signature of Contracting Officer)
30b. NAME AND TITLE OF SIGNER (Type or print)
30c. DATE SIGNED
31b. NAME OF CONTRACTING OFFICER (Type or print)
Abbie Jemmott 31c. DATE SIGNED
32a. QUANTITY IN COLUMN 21 HAS BEEN 33. SHIP NUMBER 34. VOUCHER NUMBER
RECEIVED INSPECTED
PARTIAL FINAL
36. PAYMENT 37. CHECK NUMBER
32b. SIGNATURE OF AUTHORIZED GOV’T REPRESENTATIVE 32c. DATE COMPLETE PARTIAL FINAL
41a. I CERTIFY THIS AMOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC’D 42d. TOTAL CONTAINERS
40. PAID BY
AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL NUMBER AND PAPERWORK BURDEN STATEMENT STANDARD FORM 1449 (10-95)
ACCEPTED, AND CONFORMS TO THE
CONTRACT, EXCEPT AS NOTED
35. AMOUNT VERIFIED
CORRECT FOR
17a. CONTRACTOR/
OFFEROR
FACILITY
CODE
IS CHECKED
Solicitation No. 2016-N-17909
TABLE OF CONTENTS
Section Document/Clause/Provision Page No.
A Standard Form 1449 1
B Continuation of SF1449 (Block 19 – 24) 3
C Contract Clauses 8
D Contract Documents, Exhibits or Attachments 20
E Solicitation Provisions 21
SECTION B - CONTINUATION OF SF1449
ITEM SUPPLIES / SERVICES QTY / UNIT UNIT PRICE EXTENDED PRICE
OPTION
Environmental Chamber
This contract includes all costs and services associated with the installation the environmental chamber. Please refer to the Statement of Work for further details and specifications.
1 Each
Total Price including Environmental Chamber and Installation Costs
0002 Environmental Chamber
This contract includes all costs and services associated with the installation the environmental chamber. Please refer to the Statement of Work for further details and specifications.
1 Each
Total Price including Environmental Chamber and Installation Costs
*The option to purchase an additional, identical, environmental chamber will expire twelve (12) months from the date of contract award.*
B.1 TYPE OF CONTRACT
This contract is a Firm-Fixed-Price type as defined in Federal Acquisition Regulation Section 16.202.
B.2 PAYMENT SCHEDULE
An invoice may be submitted upon the successful installation of the Environmental Chamber. Invoices shall meet all requirements contained in clause C.8 titled, “Invoice Submission.”
Statement of Work
1) Background: The National Personal Protective Technology Laboratory (NPPTL), National Institute for
Occupational Safety and Health (NIOSH), and Centers for Disease Control and Prevention (CDC) conducts research and respirator approval activities in a variety of areas. The scientific staff within the Evaluation and Testing Branch (E&TB) of the NPPTL conducts respirator performance evaluations in support of the Conformity Verification and Standards Development Branch (CVSDB) and NPPTL’s respirator approval program. Much of this testing involves environmental conditioning of respirator protective devices (RPD), PPE performance evaluations with human subjects, and method development testing in support of the NPPTL standard development activities. Therefore, the NPPTL intends to purchase an environmental chamber that is constructed to conform to the required Technical Specifications outlined in this document.
2) Requirements:
a) General Requirements: The vendor shall provide:
i) An environmental chamber that conforms to the technical specifications as outlined in this document.
ii) Installation services. This includes connection of chamber utility services to existing building utilities that will be provided within ten (10) feet of the chamber equipment by NPPTL/NIOSH. Building 40 is the location/space identified for the environmental chamber and the vendor shall allow for:
(1) The proper stable placement of the environmental chamber and equipment.
(2) The proper connection of the environmental chamber to necessary building utilities for the operation of the environmental chamber to include:
(a) Electrical power
(b) Water supply
(c) HVAC
(d) Condensate drainage
(e) Compressed Air
(3) The contractor shall review Section 2(b)(iv) of this document titled, Utilities Provided by NIOSH/NPPTL, regarding the power requirements and provide a list of any changes required to operate the vendor’s proposed equipment.
(4) Shop drawings for approval to verify locations of utility connections, outlets, ports, controls, windows, etc.
b) Specific Requirements: The vendor shall provide an environmental chamber with the following:
i) Physical description/characteristics:
(1) The specified environmental chamber shall be a single chamber system that includes both a main chamber and an ante chamber with the following:
(a) Overall internal dimensions of the chamber system shall be 17’ L x 10’ W x 9’ H.
Overall exterior dimensions of the chamber system shall be 18’ L x 10’8” W x 10’2" H.
Main chamber exterior dimensions 10’8” L x 10’8”W x 10’2” H Main chamber internal dimensions of 10’ L x 10’ W x 9’ H.
Ante chamber exterior dimensions of 7’4” L x 8’8” W x 10’2” H* Ante chamber internal dimensions of 7’ L x 8’ W x 9’ H.*
• The exterior and interior dimensions for the ante chamber listed above are the minimum required dimensions. The width of the exterior of the ante-chamber shall not exceed the width of the exterior dimension of the main chamber.
(b) These two chambers shall be separated by an internal air tight hinged door with the dimensions of 48” W x 84” H. This internal door shall contain a heated window that is at least 24” W x 24” H.
(c) The pre-chamber shall have an outer, hinged door connecting the pre-chamber to the outside of the chamber with the dimensions of 48” W x 84” H. This door must enable personnel to enter the pre-chamber from the outside, close the external door, and then step through the internal door into the main chamber without disrupting the set environmental conditions of the main chamber. This door shall contain a window that is at least 24” W x 24” H.
(2) The inside of the chamber shall have the following:
(a) A total of six (6) recessed lights shall be located in the interior ceiling of the main chamber.
The type of lighting is left to the discretion of the offeror.
(b) A total of two (2) vapor proof fluorescent light fixtures shall be located in the interior ceiling of the pre-chamber.
(3) Long side of the exterior chamber shall have the following:
(a) One (1) multi-paned heated viewing window in one long wall perpendicular to the entry door in the pre-chamber for observation of the main chamber shall be included. The dimensions of this window shall be as wide as structurally possible given panel requirements and shall be 48” in height. The base of windows shall be positioned 35” above the floor such that the base of the window shall be above the surface of a desk surface, approximately 30” above the ground.
(b) Control panel shall be mounted on the chamber wall next to the viewing window (exact position TBD).
(c) Desiccant drier that is the correct size per requirements shall be provided by the vendor.
(d) Ceiling mount evaporator with external high temp motors shall be provided by vendor.
(e) All internal power and control wiring (in conduit where applicable) shall be used/installed by the vendor.
(f) Microprocessor programmable controls with high/low temperature alarms, and RS-422 and
485 communications. These controls shall be protected to prevent damage.
(g) A total of four (4) 2” x 4” 20A 120V GFCI duplex outlets.
(h) A total of four (4) 6” pass through ports, the exact position of each port to be determined upon award, with insulating plugs to seal when the port is not in use.
(4) Walls and Ceiling shall have the following:
(a) Interior wall and ceiling surfaces shall be brushed stainless steel. Exterior wall and ceiling surfaces shall be brushed stainless steel. All components exposed to the chamber environments shall be fabricated of corrosion resistant materials.
(5) Chamber floor shall have the following:
(a) 2” unpolished 16-gauge stainless steel floor with a load bearing capacity of a minimum of 650 lbs./ft2 evenly distributed shall be installed. The floor shall also have an exterior ramp with a load bearing capacity of a minimum of 600 lbs./ft2.
(b) 4” urethane insulated ceiling and wall.
(6) Remote condensing unit:
(a) Correct size required to meet specifications R-404A or R-134A, scroll, air cooled condensing unit, shall be remote and mounted outside building on pre-fabricated pad.
ii) Performance Requirements for the Temperature/Humidity in the Environmental Chamber for control of the Main Chamber
(1) Temperature Range -50°C to +85°C (±1°C)
(2) Humidity Range 10% to 95% (as limited by a +7°C minimum dew point and a +70°C maximum dry bulb temperature (±5%RH) for the chamber listed below)
(a) 10’8” L x 10’8”W x 10’2” H (Main Chamber exterior dimensions);
10’ W x 10’L x 9’ H (Main Chamber interior dimensions)
(3) Temperature range with personnel in the chamber shall be (-40°C) to (+41°C @ RH 60%)
(a) Heat load from personnel in the chamber shall be approximately 105W.
(b) Minimum of 50 cfm of fresh make-up air for personnel inside the chamber during operation.
(4) The vendor shall provide the following environmental chamber performance information:
(a) Time required to reach required temperature/humidity levels from ambient temperature
(~22°C, 40-50% relative humidity to 35°C, 90% relative humidity or from ~22°C, 40-50% relative humidity down to 0°C also known as ramp rate.
(b) The chamber shall maintain a stable, specified temperature and humidity condition in the presence of up to three people inside the chamber. Performance relative to the required specifications outlined in this document.
(c) Power, water, air specifications, and performance relative to the technical specifications above and provided below.
(d) The minimum time required for the chamber to reach desired temperatures is two (2) degrees per one (1) minute.
(5) All chamber doors shall have an inside safety release so anyone accidently locked inside the chamber can simply push a lever to gain immediate release.
(6) Noise level inside and outside the environmental chamber cannot exceed 80 decibels when measured at a distance of three (3) feet from the equipment.
iii) The following shall be provided by the vendor as part of the chamber and equipment installation:
(1) The chamber project is to be “Turn Key” in which the vendor shall supply the chamber, plus all labor required for the complete installation and startup, including one (1) day operator training.
(a) The vendor shall be responsible for reviewing and verifying the physical requirements to install the chamber and to connect to the existing utilities available in the building (B-40) to make the chamber fully operational.
(b) The vendor shall connect to existing facility utilities at locations identified in Section 2(b)(iv) below titled, Utilities Provided by NIOSH/NPPTL.
(c) The vendor shall install a sump collection tank with condensate pump to pump overhead any effluent collected to discharge to a legal output or sanitary sewer.
(d) The vendor shall make provisions for air vent to the exterior of this metal building to vent dryer reject air.
(e) The vendor shall provide a demineralizer filter for water utilized for humidity generation.
(f) The vendor shall connect all electrical power wiring per NEC code.
(g) All work shall be completed in accordance with the International Building Code.
iv) Utilities Provided by NIOSH/NPPTL:
(1) (1) 208/230/480/3/60 electric service for the evaporator with disconnect.
(2) (1) 120/1/60 electric for lights and control panel provided in junction box.
(3) (1) 208/230/480/3/60 electric for the condensing unit outside with disconnect.
(4) (1) 208/230/480/3/60 electric for the steam generator with disconnect.
(5) (2) 120v/1/60 electric for outlets provided in junction box.
(6) (1) 208/230/480/3/60 electric for desiccant drier with disconnect.
(7) Location to exhaust air from dehumidifier.
(8) 1/2” city water line for humidifier with ball valve (threaded).
(9) Main power wiring for the refrigeration systems and controls within 10ft. of equipment.
(10) Sanitary sewer that is located above floor level (condensate pump required)
(11) Shelving or casework.
(12) 480/3/60 is available if required.
(13) A 30Hp / 150 max psi / 92 cfm compressor is available if required.
*All utilities will be within 10 ten feet of the equipment*
v) The following warranty information shall be provided with the vendor’s proposal:
(1) Parts and labor
(2) Panel warranty
(3) Motor compressor warranty
(4) Light warranty
NOTE 1: Performance of Inherently Governmental, Critical, or Other Functions The services contemplated under this contract are considered to be an “Other Function” as defined by the Office of Federal Procurement Policy in OFPP letter 11-01 and by HHS in Acquisition Policy Memorandum 2012-01.
NOTE 2: Specifications (JUL 1999) (REVISED)
(a) The Contractor shall provide the necessary labor, equipment, and materials to perform the work described in the Statement of Work.
SECTION C - CONTRACT CLAUSES
C.1 DELIVERABLE SCHEDULE
The following deliverables shall be delivered to the Government as part of contract performance:
Deliverables Due Date
1. Draft of Environmental Chamber Drawings Within 45 days after contract award
2. Environmental Chamber Delivery and Installation Within 150 days after receipt of signed chamber drawings
(a) Deliverable Documentation
The contractor shall provide an electronic copy in PDF format of the Environmental Chamber drawings. The drawings shall include the locations of all utility connections, outlets, ports, controls, windows, and doors. The drawings shall also include the dimensions of the main chamber, ante chamber, doors, windows, outlets, and connection ports. The drawings shall depict the location and space required for the related equipment and the space required between the various pieces of equipment as situated in Building 40.
(b) Approvals
The government shall be allowed sixty (60) days to review the Draft Environmental Chamber drawings and notify the contractor in writing of any changes to be made and incorporated into the drawings. Once the drawings are signed by the government, the contractor shall deliver and install the chamber within 150 days.
(End of Clause)
C.2 FAR 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following address: http://farsite.hill.af.mil/
C.3 CLAUSES INCLUDED BY REFERENCE
FAR SOURCE TITLE DATE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-17 Contractor employee Whistleblower Rights and Requirement to Inform
Employees of Whisetleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-13 System for Award Management Maintenance JUL 2013 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.212-4 Contract Terms and Conditions--Commercial Items
MAY 2015
52.228-5 Insurance – Work on a Government Installation JAN 1997 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Contractors DEC 2013 52.233-1 Disputes (Alt 1 MAY 2014) MAY 2014 52.243-1 Changes – Fixed Price (Alt 1 APR 1984) AUG 1987 http://farsite.hill.af.mil/
52.246-4 Inspection of Services – Fixed Price AUG 1996 52.249-2 Termination for Convenience of the Government – Fixed Price APR 2012 52.249-8 Default (Fixed-Price Supply and Service) APR 1984
HHSAR SOURCE TITLE DATE
352.203-70 Anti-Lobbying DEC 2015 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations
DEC 2015
352.239-74 Electronic and informational Technology Accessibility DEC 2015
C.4 CONTRACTING OFFICER (JUL 1999)
(a) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract.
(b) No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.
(End of Clause)
C.5 CONTRACTING OFFICERS REPRESENTATIVE (COR) TECHNICAL GUIDANCE (SEP 2009)
Performance of the work hereunder shall be subject to the technical directions of the designated COR for this contract. For purposes of this contract, any reference to a Project Officer (PO) or Contracting Officer’s Technical Representative (COTR) shall mean the COR.
As used herein, technical directions are directions to the Contractor which fill in details, suggests possible lines of inquiry, or otherwise completes the general scope of work set forth herein. These technical directions must be within the general scope of work, and may not alter the scope of work or cause changes of such a nature as to justify an adjustment in the stated contract price/cost, or any stated limitation thereof. In the event that the Contractor feels that full implementation of any of these directions may exceed the scope of the contract, he or she shall notify the originator of the technical direction and the Contracting Officer in a letter separate of any required report(s) within two (2) weeks of the date of receipt of the technical direction and no action shall be taken pursuant to the direction.
If the Contractor fails to provide the required notification within the said two (2) week period that any technical direction exceeds the scope of the contract, then it shall be deemed for purposes of this contract that the technical direction was within the scope. No technical direction, nor its fulfillment, shall alter or abrogate the rights and obligations fixed in this contract.
The Government COR is not authorized to change any of the terms and conditions of this contract. Changes shall be made only by the Contracting Officer by properly written modification(s) to the contract.
The Government will provide the Contractor with a copy of the delegation memorandum for the COR. Any changes in COR delegation will be made by the Contracting Officer in writing with a copy being furnished to the Contractor.
(End of Clause)
C.6 CONTRACT COMMUNICATIONS/CORRESPONDENCE (JUL 1999)
The Contractor shall identify all correspondence, reports, and other data pertinent to this contract by imprinting thereon the contract number from Page 1 of the contract.
C.7 PAYMENT BY ELECTRONIC FUNDS TRANSFER (DEC 2005) (REVISED)
(a) The Government shall use electronic funds transfer to the maximum extent possible when making payments under this contract. FAR 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration, requires the contractor to designate in writing a financial institution for receipt of electronic funds transfer payments.
(b) In addition to Central Contractor Registration, the contractor shall make the designation by submitting the form titled “ACH Vendor/Miscellaneous Payment Enrollment Form” to the address indicated below. Note: The form is either attached to this contract or may be obtained by contacting the Contracting Officer or the CDC Financial Management Office at (404)-718-8100.
(c) In cases where the contractor has previously provided such designation, i.e., pursuant to a prior contract/order, and been enrolled in the program, the form is not required unless the designated financial institution has changed.
(d) The completed form shall be mailed after award, but no later than 14 calendar days before an invoice is submitted, to the following address:
The Centers for Disease Control and Prevention Financial Management Office (FMO) P.O. Box 15580 Atlanta, GA 30333
(End of Clause)
C.8 INVOICE SUBMISSION (MAR 2006) (REVISED)
(a) The Contractor shall submit an original hard-copy contract invoice/voucher to the address shown below:
The Centers for Disease Control and Prevention Financial Management Office (FMO) P.O. Box 15580 Atlanta, GA 3033
Or – The Contractor may submit the original invoice/voucher via facsimile or email:
Fax: 404-638-5324 Email: FMOAPINV@CDC.GOV NOTE: Submit to only one (1) of the above locations.
(b) The contractor shall submit 2 copies of the invoice/voucher to the cognizant contracting office previously identified in this contract. These invoices/voucher copies shall be addressed to the attention of the Contracting Officer.
(c) The Contractor is , is not required to submit a copy of each invoice directly to the Project Officer concurrently with submission to the Contracting Officer.
(d) In accordance with 5 CFR part 1315 (Prompt Payment), CDC's Financial Management Office is the designated billing office for the purpose of determining the payment due date under FAR 32.904.
(e) The Contractor shall include (as a minimum) the following information on each invoice:
(1) Contractor’s Name & Address
(2) Contractor’s Tax Identification Number (TIN)
(3) Purchase Order/Contract Number and Task Order Number, if Appropriate
(4) Invoice Number
(5) Invoice Date mailto:FMOAPINV@CDC.GOV
(6) Contract Line Item Number and Description of Item
(7) Quantity
(8) Unit Price & Extended Amount for each line item
(9) Shipping and Payment Terms
(10) Total Amount of Invoice
(11) Name, title and telephone number of person to be notified in the event of a defective invoice
(12) Payment Address, if different from the information in (c)(1).
(13) DUNS + 4 Number
C.9 HOMELAND SECURITY PRESIDENTIAL DIRECTIVE – 12 (HSPD-12) REQUIREMENTS)
(REVISED)
(a) To perform the work specified herein, contractor personnel may have the need for routine 1) physical access to an HHS-controlled facility; 2) logical access to an HHS controlled information systems; or 3) access to sensitive HHS data or information, whether in an HHS controlled information system or in hard copy. This contract/order will entail the following position sensitivity level(s) for such persons:
Risk Level Minimum Investigation Required
Non-Sensitive Level 1
NACI (name, fingerprint checks, and written inquiries)
(b) To gain routine physical access to an HHS facility, logical access to an HHS controlled information system, and or access to sensitive data or information, the contractor and its employees shall comply with Homeland Security Presidential Directive 12, Policy for a Common Identification Standard for Federal Employees and Contractors;
Office of Management and Budget Memorandum (M-05-24); Federal Information Processing Standards Publication Number 201; and with the personal identity verification and investigation procedures contained in the following documents:
(1) HHS Information Security Program Policy
(2) HHS Office of Security and Drug Testing, Personnel Security/Suitability Handbook, dated February 1, 2005
(3) CDC Policy: “ISSUANCE AND UTILIZATION OF PIV CREDENTIALS”
(4) CDC Policy: "IN- AND OUT-PROCESSING OF CDC FTEs, PSCs, CONTRACTORS, AND OTHER NON- FTEs" (Attached in Section D of this document)
(5) CDC Policy: "PHYSICAL ACCESS TO CDC FACILITIES"
(6) CDC Policy: “NATIONAL AGENCY CHECK AND INQUIRY PROCEDURES”
(c) The personnel investigation procedures for Contractor personnel require that the Contractor prepare and submit background check/investigation forms based on the type of investigation required. The minimum Government investigation for a non-sensitive position is a National Agency Check and Inquiries (with fingerprinting). More restricted positions, above non-sensitive, require more extensive documentation and investigation. The Contractor shall notify the Contracting Officer designee well in advance when any new personnel, who are subject to a background check/investigation, will work under the contract and if they have previously been the subject of national agency checks or background investigations.
(d) Investigations are expensive for the Government to conduct/process and may delay performance, regardless of the outcome of the investigation. Delays associated with rejections and consequent re-investigations may not be excusable in accordance with any excusable delay clause that may be incorporated elsewhere in this contract.
Accordingly, the Contractor shall ensure that any additional employees whose names it submits for work under this contract have a reasonable chance for approval.
(e) Multiple investigations for the same position may, at the Contracting Officer’s discretion, justify reduction(s) in the contract price of no more than the cost of the extra investigation(s).
(f) Language similar to this security section shall be included in any subcontracts which require subcontractor personnel to have the same frequency and duration of (1) physical access to an HHS-controlled facility; (2) logical access to an HHS-controlled information system; or (3) access to sensitive HHS data/information, whether in an HHS-controlled information system or in hard copy; access to an information system, access to sensitive data, regular or prolonged access to an HHS-controlled facility.
(g) Inquiries on matters that affect contract compliance or terms and conditions should be directed to the Contracting Officer or designee.
(h) Within seven (7) calendar days after final acceptance of the work specified herein, the contractor shall return all identification badges in accordance with CDC's Policy titled "In- And Out-Processing of CDC FTEs, PSCs, Contractors, and Other Non-FTEs Policy". Contractor employees who separate from service under the contract prior to final acceptance shall be out processed in accordance with that same policy.
(End of Clause)
C.10 SECURITY OBSERVANCE OF LEGAL HOLIDAYS AND FACILITY CLOSURE
(GOVERNMENT FACILITIES PERFORMANCE) (FEB 2011)
(a) Holidays Government personnel have the following listed days as holidays:
Washington's Birthday Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Christmas Day New Year's Day Columbus Day Martin Luther King Day
Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by Presidential proclamation
For purposes of contract performance, unless prior authorization is obtained from the Contracting Officer or COR, the Contractor shall observe the above holidays on the date observed by the Government. Observance of such days shall not be cause for an additional period of performance or entitlement to compensation except as otherwise set forth in the contract. No form of holiday or other premium compensation will be reimbursed, however this does not preclude reimbursement for overtime work authorized in writing by the Contracting Officer.
(b) Unscheduled Facility Closures
In the event Government facilities are closed due to inclement weather, potentially hazardous or unsafe conditions, or other special circumstances, contractor personnel assigned to work within those facilities are automatically dismissed. Notwithstanding the terms of this clause, the contractor shall comply with any specific contract terms that require a level of ongoing support for critical operations during times of facility closure. The contractor may also continue to provide support under a scheduled telework arrangement in accordance with the terms of the contract if the contract expressly authorizes telework in writing.
(c) Cost Impact
Accounting for costs associated with an unscheduled facility closure is unique to each contract and depends upon a number of factors such as:
i) Contract type, e.g. Fixed Price, Time and Materials, or Cost Reimbursement.
ii) Contractor's established management and accounting practices for unproductive time.
iii) The inclusion and applicability of other contract clauses.
iv) The ability of the contractor to mitigate costs by reassigning employees to work on other contracts, to work from a different facility, or to work remotely from home in accordance with contract telework provisions.
C.11 MINIMUM REQUIRED INSURANCE (JUL 1999)
In accordance with FAR 52.228-5, Insurance, Work on a Government Installation, incorporated by reference in Section C, the Contractor shall furnish a certificate of insurance of the following types and minimum amounts which shall be obtained and maintained during the entire period of performance of this contract:
(a) Workman’s Compensation and Employees Liability Insurance - as specified by applicable statute, but not less than $100,000;
(b) General Liability Insurance - Bodily Injury Liability - $500,000 per occurrence;
(c) Automobile Liability Insurance - $200,000 per person, $500,000 per occurrence bodily injury; $20,000 per occurrence property damage.
NOTE: IF WORK UNDER THIS CONTRACT INCLUDES ASBESTOS ABATEMENT, THE INSURANCE
COVERAGE CERTIFICATE SHALL INCLUDE A STATEMENT THAT CARRIER UNDERSTANDS THIS
PROJECT INCLUDES ASBESTOS ABATEMENT WORK.
(End of Clause)
C.12 SMOKE FREE WORKING ENVIRONMENT (MAY 2009)
In compliance with Department of Health and Human Services (DHHS) regulations, all contractor personnel performing work within CDC/ATSDR facilities shall observe the CDC/ATSDR smoke-free working environment policy at all times. This policy prohibits smoking in all CDC/ATSDR buildings and in front of buildings which are open to the public. This policy is also applicable to contractor personnel who do not work full-time within CDC/ATSDR facilities, but are attending meetings within CDC/ATSDR facilities.
(End of Clause)
C.13 EVALUATION OF CONTRACTOR PERFORMANCE UTILIZING CPARS (APR 2013)
In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of contractor performance and submit them to the Past Performance Information Retrieval System (PPIRS). The CDC utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to prepare and report these contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR
15.304 where past performance is an evaluation factor.
The CPARS system requires a contractor representative to be assigned so that the contractor has appropriate input into the performance evaluation process. The CPARS contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS contractor representative will also have the opportunity to add comments to performance evaluations.
The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to: www.cpars.gov for details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how Contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website.
The contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The contractor must maintain a current representative to serve as the contractor representative in CPARS. It is the contractor’s responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations.
Contractor to provide CPARS representative contact information:
Name:
Title:
E-Mail Address:
Phone Number:
(End of Clause)
C.14 NON-PERSONAL SERVICES (APR 2013)
(a) Personal services shall not be performed under this contract. Although the Government may provide sporadic or occasional instructions within the scope of the contract, the Contractor is responsible for control and supervision of its employees. If the Contractor (including its employees) believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.
(b) The contractor shall comply with, and ensure their employees and subcontractors comply with, CDC Policy titled “Identification of Contractors' Employees and Safeguarding Government Information.” No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. . The contractor is limited to performing the services identified in the contract statement of work and shall not interpret any communication with anyone as a permissible change in contract scope or as authorization to perform work not described in the contract.
All contract changes will be incorporated by a modification signed by the Contracting Officer.
(c) The Contractor shall ensure that all of its employees and subcontractor employees working on this contract are informed of the substance of this clause. The Contractor agrees that this is a non-personal services contract; and that for all the purposes of the contract, the Contractor is not, nor shall it hold itself out to be an agent or partner of, or joint venture with, the Government. The Contractor shall notify its employees that they shall neither supervise nor accept supervision from Government employees. The substance of this clause shall be included in all subcontracts at any tier.
(d) Nothing in this clause shall limit the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept or reject the services performed under this contract.
(End of Clause)
C.15 PLACE OF DELIVERY (MAY 1998) (REVISED)
Deliveries of equipment shall be made to the following address:
Centers for Disease Control and Prevention Pittsburgh Research Center Building 40 626 Cochrans Mill Road Pittsburgh, PA 15236-0070
Specific location for installation to be provided by the COR as required after award.
(End of Clause)
C.16 INSPECTION AND ACCEPTANCE (JUL 199) (REVISED)
Inspection and acceptance of the equipment and services called for herein shall be accomplished by the Contracting Officer, or his duly authorized representative (who for the purposes of this contract shall be the Contracting Officer Representative) at the destination for the articles and installation.
(End of Clause)
C.17 FAR 52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS - - COMMERCIAL ITEMS (JUN 2016)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).
(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:
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
___ (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 (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved] X (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved] X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (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 (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 (Oct 2015) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
X (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 57f).
X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O.
13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.
13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).
___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)
___ (35) (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.)
___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).
___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).
___ (43) 25.223-20, Aerosols (Jun 2016) (E.O. 13693).
___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).
X (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
___ (46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112- 43).
___ (ii) Alternate I (May 2014) of 52.225-3.
___ (iii) Alternate II (May 2014) of 52.225-3.
___ (iv) Alternate III (May 2014) of 52.225-3.
___ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (48) 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).
___ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
___ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).
___ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.
2307(f)).
X (54) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (55) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).
___ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
___ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
___ (58) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.
1792).
___ (10) 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, 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 (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.
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