Attachment 2_Sections B-M.pdf

Solicitation No. 2032H323R00004 Amendment 0001

TEOAF Forfeiture of General Property

PART I – THE SCHEDULE

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B.1 OVERVIEW

This Request for Proposal (RFP), is issued by the Internal Revenue Service (IRS), Office of Business Solutions Acquisition (OBSA), Treasury Operations Branch (TOB) on behalf of the Treasury Executive Office of Asset Forfeiture (TEOAF) to gain contractor support services to provide for the transportation, secured custody, inventory management, protective maintenance, and the economical and environmentally sensitive disposition of seized, forfeited, and/or blocked general property through the use of a nationwide contract.

B.2 TYPE OF CONTRACT

The anticipated contract resulting from this solicitation will be an Indefinite Delivery / Indefinite Quantity (IDIQ) contract which will consist of Firm-Fixed Price (FFP), Fixed Rate (FR), Cost No Fee (CNF), and Cost Plus Fixed-Fee (CPFF) Contract Line Items (CLINs). Performance of all work under this contract will be initiated by the issuance of task orders which will include purchase of services using all CLINs necessary.

Specific FFP, FR , CNF, and CPFF CLINs in the schedule set forth in this Section B below relate to specific paragraphs of the Performance Work Statement (PWS) included as part of this solicitation in Section C. Each CLIN in the schedule below has a corresponding CLIN Schedule Activity Workbook that includes the specific work activities that serve as the basis for pricing each CLIN.

B.3 MINIMUM AND MAXIMUM ORDER AMOUNTS

The Department of Treasury (Treasury) will order a minimum of $100,000.00 under the contract. Treasury will have the entire term of the contract (including all options that could be exercised) to fulfill the contract minimum. The specific CLINs and quantities will be identified in the task order(s) issued under the contract.

The exercise of an option period does not re-establish the contract minimum. During the entire duration of this contract, Treasury may order items in any quantity up to the maximum specified below.

There are no maximum quantities or amounts for each individual CLIN, task order, or contract period. The maximum aggregate amount of all task orders issued under the contract shall not exceed $477,000,000.00 for the entire term of the contract, including all options that could be exercised.

B.4 PERIOD OF PERFORMANCE

The anticipated Period of Performance (PoP) for this contract will be for a maximum period of ten (10) years beginning in January 2024 and expected to end December 31, 2034. The contract will consist of one (1) five

(5) year base period and one (1) five (5) year option period, for a total of 10 years. The base period will also include a 90-day transition period.

B.5 PRICE/COST SCHEDULE

Section B.5 Price Schedule will be established at the time of award based on the J.01 Price Matrix of the determined awardee.

B.6 CLIN STRUCTURE / BREAKDOWN

The Contractor shall perform the work in accordance with the requirements specified herein for the total prices indicated in Section B.5 as well as in accordance with the pricing listed within the attached Price Matrix (Attachment 1). This is an IDIQ hybrid contract with CLINs to perform FFP, Fixed Rate , CNF, and CPFF work.

FFP CLINs shall be all inclusive, with one total firm fixed price for each FFP CLIN. Such price shall be inclusive of all technical and management labor, equipment, hardware, software, licensing, travel, facility, and expendable items, and any other support, including fee, required to performing the PWS requirements related to such CLIN. Any prices or costs not specifically linked to a particular CLIN by express “RFP Reference” shall be included in CLIN XX01. Additionally, any costs associated with Clause H.2, Other Required Insurance, that related to any General Property other than Vessels or Aircraft shall be included in CLIN XX01.

CLINs XX01 and XX04 as FFP CLINs.

FR CLINs shall be inclusive of all direct and indirect costs and fee associated with performance of the applicable contract line item and each FR CLIN will likely be comprised of multiple Fixed Rates per Unit of Measure, given the various types of units of measure. All FR CLINs shall be inclusive of all technical and management labor, equipment, hardware, software, licensing, travel, facility, and expendable items, and any other support, including fee, required to perform the PWS requirements related to such CLIN for the applicable unit of measure. CLINs XX02, XX03, XX06, XX09, and XX10 are FR CLINs.

Cost CLINs shall be inclusive of all allowable costs. CLINs XX05, XX07, and XX08 are Cost CLINs.

Any and all costs associated with Contractor maintenance, repair or replacement of Government-Furnished Equipment shall be included in CLIN XX07. Repair and replacement of non-Government Furnished Equipment is the sole responsibility and expense of the Contractor.

Additionally, any costs associated with Section H.2, Other Required Insurance that relates to Vessels or Aircraft, shall be included in CLIN XX07, specifically in the applicable sub-CLINs for secure, inventory, and release for disposition of 1) Vessels that will be/are stored at dockside, 2) Vessels other than those that will be/are stored at dockside, and/or 3) Aircraft.

The Fixed Fee percent and amount associated with CPFF work will be fixed at the inception of contract award and will not vary with actual cost of performance but may be adjusted due to changes in the scope of work to be performed under a CPFF CLIN. The Government will not negotiate a Fixed Fee that exceeds the statutory limitations imposed by 10 U.S.C. 2306(d) and 41 U.S.C. 245(b).

B.7 TRAVEL

B.7.1 Travel expenses shall only be applicable to CPFF work performed under the contract. The prices of all task orders and CLINs issued on a FFP or FR Price basis under the contract shall be inclusive of any travel.

B.7.2 For CPFF task orders and CLINs, all non‐local travel will be reimbursed in accordance with the provisions of the Federal Travel Regulations. The Federal Travel Regulations and current per diem rates can be accessed at: https://www.ecfr.gov/current/title-41/subtitle-F.

B.7.3 As a general rule, local travel will not be reimbursed under the contract. Examples of local travel which will not be subject to reimbursement are: travel to and from normal job site; supervisory personnel traveling to a Government site or alternative facility to oversee operations. Personnel temporarily working at a Government site or alternative facility will consider such facility his/her normal job site.

B.8 INCREMENTAL FUNDING

Task Orders issued under the contract which are not Firm-Fixed Price may be subject to incremental funding.

B.9 SERVICE CONTRACT ACT (SCA) WAGE DETERMINATION

This requirement is subject to the Department of Labor (DOL) Service Contract Act. The Contractor shall utilize the wage determination applicable to the location of the site performance occurs. Wage determinations may be found at www.sam.gov. In the absence of a wage determination, the minimum wage set forth in the Fair Labor Standards Act applies.

B.10 FAR CLAUSE 52.217-8 PRICING

This contract includes FAR Clause 52.217-8 Option to Extend Services, which may be exercised by the Government at any time during the life of this contract. Should the Government elect to exercise this option, the prices established in the period effective prior to the 52.217-8 period will be utilized during the 52.217-8 extension period(s).

SECTION C – DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK

STATEMENT

C.1 PWS DOCUMENT

The Contractor shall provide the necessary supplies and services as described in Attachment J.02, Performance Work Statement, which is incorporated into Section C by this reference as if fully set forth herein.

SECTION D – PACKAGING AND MARKING

D.1 PAYMENT OF POSTAGE AND FEES

D.1.1 All postage and fees related to submitting information, inclusive of reports, deliverables, and other correspondence mailed to the Government shall only be applicable to Cost-Plus-Fixed-Fee work performed under the Contract.

D.1.1.1 The prices of all task orders and CLINs issued on a Firm-Fixed-Price or Fixed Rate basis shall be inclusive of any and all postage and fees related to submitting information, inclusive of reports, deliverables, and other correspondence to the CO or the COR.

D.1.1.2 For Cost-Plus-Fixed-Fee task orders and CLINs the Contractor may be reimbursed for postage and fees related to submitting information, inclusive of reports, deliverables, and other correspondence to the Government. Any such reimbursement will be reimbursed in accordance with the provisions of the Federal Acquisition Regulation Part 31- Contract Cost Principles and Procedures, Subpart 31.2 – Contracts with Commercial Organizations.

D.2 ELECTRONIC REPORTS AND FILES

D.2.1 Reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:

(1) Name and business address of the Contractor;

(2) Contract number;

(3) Title;

(4) Date of report; and

(5) Program Office.

Less formal files (including attachments to reports) must provide the same information clearly on the first page.

D.2.2 Electronic reports and files shall be submitted in Word (.doc/.docx), Excel (.xls/.xlsx) or .pdf format, unless specified otherwise by the Contracting Officer’s Representative.

D.2.3 All reports and files become the property of the Department of the Treasury. Reports shall not contain markings or legends which restrict the Department’s use in any way.

D.3 PACKAGING AND MARKING

D.3.1 MARKING

All information submitted to the CO or the COR shall include the Contract number. The Contractor shall place the Contract number on or adjacent to the exterior shipping label of which information is being submitted. All data and correspondence submitted to the Contracting Officer (CO) or the Contracting Officer’s Representative (COR) for a Task Order (TO) issued under the Contract shall reference the Contract number, TO number, and the name of the TO COR as appropriate. A copy of all correspondence sent to the COR by the Contractor for any TO shall also be provided to the Government’s CO.

D.3.2 PACKAGING

Unless otherwise specified, all material shall be preserved, packaged, and packed in accordance with best commercial practices and adequate to insure acceptance by common carrier and safe arrival at the destination.

D.3.3 MAGNETIC MEDIA

If magnetic media, such as CDs and DVDs, are involved, packaging shall be clearly marked identifying the contents as such and with a warning for protection against exposure to magnetic fields or temperature extremes.

D.4 WRAPPING, CONTAINERIZATION, PRESERVATION AND IDENTIFICATION

D.4.1 The Contractor shall comply with all containerizing, preservation and identification labeling requirements for General Property that are set forth in the PWS.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: www.acquisition.gov DTAR: www.acquisition.gov/dtar

(End of clause)

The following clauses are incorporated by reference:

FEDERAL ACQUISITION REGULATION CLAUSES (FAR) DATED

52.246-4 Inspection of Services – Fixed Price Aug 1996 52.246-5 Inspection of Services – Cost Reimbursement Apr 1984 52.246-14 Inspection of Transportation Apr 1984 52.246-16 Responsibility for Supplies Apr 1984

E.2 INSPECTION, ACCEPTANCE, AND RECEIVING REPORTS

E.2.1 The Government will review and verify that all services and deliverables associated with a Task Order (TO) issued under the Contract fulfill the requirements and standards stated in the Contract and any associated TO(s). The following Inspection and Acceptance language applies to deliverables which do not have specific direction associated with them in Section C, Statement of Work.

E.2.1.1 The Contracting Officer (CO), or their duly authorized representative, is authorized to perform inspection on behalf of the Government for the purpose of acceptance of all services to be provided. In this regard, the Government Contracting Officer’s Representative (COR) is an authorized technical representative of the CO. Final acceptance of all services under the Contract shall be made in writing by the COR designated in writing by the CO.

E.2.1.2 The COR listed in Section G of the Contract has been delegated authority to inspect and accept all services, reports and required deliverables or outputs for the base Contract. For the Contract, most COR functions will be at the TO level, performed by the appropriate Designated Agency Representative(s) (DAR(s)). The Government will, through the COR or the DAR review and accept all deliverables within ten (10) calendar days.

E.2.1.3 DARs will be established for specific TOs; if so, the DAR may inspect and accept all services, reports, and required deliverables or outputs if specified in the TO.

E.2.1.4 The COR will check performance by the Contractor with regard to the quality of the work delivered, the service rendered, and any documentation or written material provided. The Government will determine procedures for inspection, testing, and acceptance of deliverables and the location of routine inspection and testing. Such procedures may include a requirement to inspect and test the supplies or services at the Contractor site prior to shipment. Supplies or services which upon inspection are found not to be in conformance with contractual specifications shall be promptly rejected and notice of such rejection together with appropriate instructions will be provided the Contractor by the CO.

Generally any portion of the deliverable that is determined to be unacceptable shall be replaced with corrected data within ten (10) business days.

http://www.acquisition.gov/ http://www.acquisition.gov/dtar

E.2.1.5 The Government will use its best efforts to inspect and accept or reject the supplies or services provided within ten (10) business days of receipt of supplies or completion of services. Failure of the Government to so inspect the supplies or services within the above stated time shall not be construed as acceptance of such supplies or services.

E.2.1.6 For payment purposes, the inspection and acceptance of items delivered or services rendered under the Contract and any associated TO(s) will only address minimum content requirements and timely delivery.

E.2.1.7 The COR and DAR will perform oversight inspections to ensure compliance with Section C, Statement of Work and measure overall Contractor performance. These inspections may cover Contractor's operations (including a review of operational procedures and handbooks) as well as subcontractors’ and vendors’ facilities. When visiting Contractor, subcontractors, and/or vendor’s facilities, the COR or DAR, as appropriate, will notify the Contractor. If the inspection is unannounced, the Contractor shall be notified verbally when the inspection team has arrived at an oversight location. The Contractor will be given a reasonable amount of time to accompany the inspection team. On visits to the site, the Contractor, subcontractor, and vendors will be given reasonable time to provide the COR and DAR access to the site.

E.3 IR1052.242-9000 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE (JUN

2020)

Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15. The Assessing Official (e.g., Contracting Officer) will prepare a final performance evaluation at the time the work on the contract is completed. In addition to the final evaluation, interim evaluations will be prepared annually to coincide with the anniversary date of the contract.

The past performance evaluation process is a paperless process using the Contractor Performance Assessment Reporting System (CPARS). CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the Contractor is registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/. The CPARS User Manual, registration for Online Training for Contractors, and a practice application may be found at this site as well.

Interim and final evaluations will be provided to the Contractor for their review and comment as soon as practicable after completion of the evaluation. Evaluations of contractor past performance will be posted to the relevant past performance database no more than 14 days after the information is provided to the contractor.

On day 15, whether the contractor has responded or not, the evaluation automatically posts to CPARS. If the Contractor elects not to provide comments, they should acknowledge receipt of the evaluation by indicating "No comment" and then sign and date the form. If the Contractor does not sign and submit the form within 14 days, it will automatically be returned to the Government.

Contractors who disagree with a government evaluation can request to meet with the Contracting Officer to discuss their scores and provide feedback or justification for their performance. No requirement exists for the government to meet with the contractor; however, if a contractor requests a meeting, the government may accept the request. Any such meeting does not alter the requirement that an evaluation be posted to CPARS within 14 days.

Several avenues still exist for the contractor to influence the review. First, the contractor may submit a comment after the 14-day period expires and the review has been posted to CPARS. The contractor’s late comments must be posted to CPARS; however, the government’s original report will still be available to all source selection officials. Although authorized, an agency is not required to modify its evaluation based upon a contractor’s comments. Second, the contractor may appeal its review one level above the Contracting Officer to the Reviewing Official. Again, the appeal does not stop the 14- day reporting period and the original evaluation will be posted on CPARS.

The following guidelines apply concerning the Contractor's use of the past performance evaluation:

• Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason the Contractor is unable to view and/or submit the form through CPARS, contact the Contracting Officer for further instructions.

• Strictly control access to the evaluation within the Contractor's organization. Ensure the evaluation is never released to persons or entities outside of the Contractor's control.

• Prohibit the use of or reference to evaluation data for advertising, promotional material, pre- award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

• A copy of the completed past performance evaluation will be available in CPARS for the Contractor's review and for Government use supporting source selection actions after it has been finalized.

E.4 USE OF PERFORMANCE REQUIREMENT SUMMARY (PRS)

In addition to the other provisions of this Section E, the Government will inspect services in accordance with Technical Exhibit 1.4-001, the PRS of the Contract.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: www.acquisition.gov DTAR: www.acquisition.gov/dtar

Clause No. Title Date 52.242-15 Stop Work Order AUG1989 52.242-15 Stop-Work Order Alternate I AUG 1989 52.242-17 Government Delay of Work APR 1984 52.247-34 FOB Destination NOV 1991 52.247-48 FOB Destination – Evidence of Shipment FEB 1999

F.2 DELIVERABLES

The Contractor shall comply with the delivery schedule listed in the attached PWS (Attachment 2) unless otherwise stipulated in writing by the Contracting Officer (CO) or Contracting Officer’s Representative

(COR).

F.3 PERIOD OF PERFORMANCE

The total period of performance of the Contract is one (1) five (5) year base period and one (1) five (5) year option period. FAR 52.217-8 Option to Extend Services is also included in this contract and shall not exceed six (6) months in duration.

If both option periods are exercised, the total duration of this Contract shall not exceed ten years and 6 months (126 months).

F.3 FEDERAL HOLIDAYS

F.3.1 The Government observes the Federal holidays found at: https://www.opm.gov/policy-dataoversight/snow-dismissal-procedures/federal-holidays.

F.3.2 When specified by Federal Statute, the Office of Personnel Management, an Executive Order or President’s Proclamation, additional days (e.g. snow days, inauguration, or emergencies) may be designated as days off (non-work days) for Federal personnel. Such events may be limited to particular locations, and not be effective countrywide.

F.3.3 Unless otherwise directed by the COR, routine operations that require Government personnel shall not be scheduled on Federal holidays or other non-work days that affect those personnel.

F.3.4 The Contractor may conduct work that does not require Government personnel participation on Federal holidays and non-work days. Work performed on holidays, weekends, or other non-work days shall be billed at the “normal” unit prices.

http://www.acquisition.gov/ http://www.acquisition.gov/dtar https://www.opm.gov/policy-dataoversight/snow-dismissal-procedures/federal-holidays https://www.opm.gov/policy-dataoversight/snow-dismissal-procedures/federal-holidays

F.4 PLACE OF PERFORMANCE

The Contractor shall perform all work under the Contract throughout the 50 states within the United States (U.S.) and the District of Columbia, as well as all U.S. Territories.

More specifically, for all General Property other than U.S. Customs and Border Protection vehicles valued at $10,000 or less, performance shall be in ALL 50 states, the District of Columbia, and all U.S. Territories.

However, for U.S. Customs and Border Protection General Property that are vehicles valued at $10,000 or less, performance shall be in: ALL states EXCEPT California, Arizona, New Mexico and Texas; the District of Columbia; and all U.S. Territories.

F.5 NOTICE REGARDING LATE DELIVERY

The Contractor shall notify the COR as soon as it becomes apparent to the Contractor that a scheduled delivery will be late. The Contractor shall include in the notification the rationale for late delivery, the expected date for the delivery and the project impact of the late delivery. The COR will review the new schedule. If accepted, the revised schedule will be reflected in a modification to the applicable Task Order executed by the CO.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER (CO)

G.1.1 In accordance with FAR 1.602, COs have the authority to enter into, administer, and terminate contracts on behalf of the Federal Government.

G.1.2 COs are responsible for ensuring performance of all necessary actions for effective contracting and compliance with the terms of the contract. Only COs acting within the scope of their authority are empowered to execute awards and modifications on behalf of the Government.

G.1.3 No changes in or deviations from the work stated or terms of this contract shall be effective without a modification executed by a CO. In the event the Contractor makes any changes at the direction of any person other than the CO, the change will have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. No costs incurred due to an unauthorized action will be compensated.

G.1.4 Requests for changes to the contract must be emailed to the Administering CO.

G.1.5 The administrative contracting office is:

Internal Revenue Service Office of Procurement OS:OCPO:BSA:TO:S Stop C7-430 5000 Ellin Road Lanham, MD 20706

G.1.6 The Contracting Officer for this award is:

Name: [To be provided upon award] E-mail: [To be provided upon award]

G.2 DTAR 1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

APPOINTMENT AND AUTHORITY (APR 2015)

(a) The COR is [to be provided upon award].

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated by the CO in writing. The term “technical direction” includes, without limitation, direction to the Contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract

(5) Interferes with the Contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises, or otherwise controls the actions of the Contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the CO.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the CO no later than the beginning of the next Government work day.

G.3 DESIGNATED AGENCY REPRESENTATIVE (DAR)

G.3.1 DARs will be identified by the COR in writing at the time of Contract award. With the exception of the Office of Foreign Assets Control (OFAC) DAR, the duties of a DAR includes performing Contractor oversight visits, conducting quarterly inspections of Contractor facilities, and reporting findings to the COR for incorporation or consideration into Government determinations regarding the Contract or the Contractor’s performance of the Contract.

G.3.2 The COR shall maintain a list of active DARs and shall provide an updated list to the CO for the contract file biannually.

G.4 OFFICE OF FOREIGN ASSETS CONTROL (OFAC)

OFAC has authority to block persons or entities that pose threats to the economy, national security, or foreign policy goals. As a result any and all property located in the United States that is owned by such a person or entity is blocked. It is the responsibility of the OFAC DAR to work with the Contractor on any issues referencing the blocked property. The OFAC DAR also monitors security and storage practices to be sure they are in compliance with the procedures outlined in Section C, Statement of Work, and coordinates with the Contractor in the sale of OFAC General Property. When OFAC General Property is sold it is the responsibility of the OFAC DAR to ensure the Contractor complies with OFAC licensing procedures in regard to depositing proceeds from the sale of blocked property into designated blocked accounts.

G.5 APPROVAL THRESHOLDS AND RESPONSIBILITIES OF PERSONNEL

Different parties and personnel are authorized to grant approval for emergency repair of General Property for purposes of consignment (see C.4.3.1 of the PWS).

TYPE OF

GENERAL

PROPERTY

APPROVAL

THRESHOLD

AUTHORIZED TO GRANT

APPROVAL

VEHICLE $1-$500 Contractor

$501 - $5,000 DAR

$5,001 + COR (w/written CO concurrence)

VESSEL $1 - $2,500 Contractor

$2,501 - $10,000 DAR

$10,001 + COR (w/written CO concurrence)

AIRCRAFT $1 - $2,500 Contractor

$10,001 + COR (w/written CO concurrence)

OTHER GENERAL

PROPERTY

$1 - $2,500 Contractor

$10,001 + COR (w/written CO concurrence)

G.6 KEY PERSONNEL

G.6.1 The key personnel cited below are considered essential to the work being performed under this contract.

G.6.2 If these individuals leave the Contractor's employ or are reassigned to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit written justification of the change and the resumes of proposed substitutions in sufficient detail to permit evaluation of the impact on the program. No diversion or replacement shall be made by the Contractor without the written consent of the Contracting Officer.

G.6.3 Except as provided in paragraph (d) of this clause, at least thirty (30) days (sixty (60) days if security clearance is required) in advance of the proposed substitution or addition, all proposed substitutions or additions of Key Personnel must be submitted in writing to the CO.

G.6.4 When Key Personnel become unavailable because of sudden illness, death or termination of employment, within five (5) days of knowledge the Contractor shall notify the CO in writing of the event and who will be performing, if required, as the temporary substitute. Within fifteen (15) days following the notice, the Contractor shall submit in writing to the CO, proposed substitutions or additions for the unavailable individuals.

G.6.5 New key personnel must have qualifications at least equal to those of their predecessor.

G.6.6 Key Personnel:

Project Manager Risk Manager / Quality Control Manager SEACATS Data Quality Manager Marketing Manager Storage Facility / Operations Manager Program Manager for Accounting Sales / Marketing Manager Recycling Manager

*At a minimum, Key Personnel shall include those performing the following important functional areas of concert to the Government:

• Project Management/Primary Point of Overall Contact;

• Risk Management/ Quality Control (QC)/Security/ Safety Program Management;

• Centralized Storage Facility and Operations Management;

• SEACATS Data Quality Management;

• Program Management for Accounting/Fiscal Operations;

• Sales and Marketing Management; and

• Recycling Management.

The above list of important functional areas of concern to the Government should not be taken to mean that the Government is requiring the Contractor to staff one individual per function. These functions shall be performed by the Contractor, but can be combined to achieve the most cost-effective staffing proposed.

G.6.6.1 Key Personnel shall be proposed and explicitly identified in an organization chart that shall initially be in the Contractor’s proposal and thereafter kept current, accurate and complete. The Contractor shall comply with the organizational chart and submittal of a list of CO-approved Key Personnel changes as more fully set forth in Paragraph C.1.3.1 of Section C, Statement of Work. In addition, the Contractor shall comply with the following requirements:

1) Résumés shall be provided for all Key Personnel and replacements when they are proposed;

2) Key Personnel position descriptions shall include criteria related to professional experience, position specific experience, skills and education;

3) For planned Key Personnel replacements, the Contractor shall provide the Government with advance notice, obtain advance written approval of the CO

4) Substitutions or additions to individuals proposed and accepted as Key Personnel under this Contract shall not be accepted unless specifically approved in writing by the CO in advance. Any substitutions and/or additions shall be subject to the terms and conditions of this clause.

5) During the first eighteen months (18) of contract performance, no Key Personnel substitutions shall be permitted, unless substitutions are necessitated by an individual’s sudden illness, death, or termination of employment. Additions may be considered based on the Contractor’s rationale. In any of these events, the Contractor shall promptly notify the CO and provide the information required below.

After the initial eighteen month period, all proposed substitutions and additions of Key Personnel shall be submitted to the CO in writing with at least 30 calendar days advance notice if any of these persons are to be removed or diverted from the Contract. All notification requests for substitutions and additions must provide a justification and detailed explanation of the circumstances necessitating the proposed substitution or addition, a complete résumé for the proposed substitute or addition, and any other information requested by the CO needed to approve or disapprove the request.

6) The Contractor’s Key Personnel shall be able to speak, read, write, and understand the English language including unique technical terminology required for the performance of the duties and functions described herein. These minimum requirements are not subject to the waiver process described in Paragraph C.1.3.2.2 of the PWS.

G.7 CONTRACTOR PROJECT MANAGER

G.7.1 The Contractor shall designate a Project Manager, who shall be listed in Clause G.6.6 above.

Moreover, performance of the Contract shall be the primary responsibility of the Contractor’s Project Manager.

G.7.2 The Contractor’s Project Manager for the Contract shall have the authority to make any no-cost Contract technical, hiring and dismissal decisions, or special arrangements regarding the Contract. The Project Manager shall be responsible for the overall management and coordination of the Contract and shall act as the central point of contact with the Government. The Project Manager shall also have the authority to make any changes to the Contract, both cost and non-cost, which will be binding on the Contractor.

G.7.3 The Project Manager shall have the authority to act for the Contractor in the performance of the required services. The Contractor shall identify designated representatives to act on behalf of the Project Manager as needed. The Contractor shall provide written, 48 hour advance notice of such designations to the CO and COR, and such designations are subject to approval by the CO and COR. The Project Manager, and any individuals designated to act in that capacity, shall have full authority to contractually bind the Contractor for prompt action on matters pertaining to execution of the Contract.

G.7.4 The Project Manager shall meet with the COR to discuss problem areas as they occur. The Project Manager and all designated representatives shall be able to fluently read, write, and speak the English language.

G.8 CONTRACTOR MANAGEMENT AND PROJECT OFFICE REQUIREMENT

G.8.1 The Contractor shall perform continual management of the functions contained in the Contract, and shall provide a Project Manager. The Contractor’s Project Management Office shall be located within a 90 minute commute of the Treasury Executive Office for Asset Forfeiture, as experienced during the typical Washington, D.C. rush hours. (Distance is not defined, only the ability to reach the Treasury Executive Office for Asset Forfeiture headquarters within a 90 minute window.)

G.8.2 The Contractor’s project management team performing the important functional areas of concert to the Government set forth in Clause G.6 above shall have:

• Demonstrated capabilities within such Key Personnel to develop, refine, update, manage, and execute a comprehensive cradle-to-grave lifecycle Risk Management Plans (including Quality Control and Safety Plans) covering all aspects of the Contractor’s assignments under the Contract;

• Demonstrated capabilities within such Key Personnel to manage and administer all proposed subcontracts nationwide in accordance with all requirements, terms, and conditions of the Contract;

• Demonstrated understanding by such Key Personnel and sources for Government-approvable containers to meet the security and safe storage requirements for the broad range of General Property;

• Demonstrated capabilities within such Key Personnel to input, manipulate, abstract, format for reporting, and generate inventory, ownership, and cost data reports related to General Property using Government-furnished systems across multiple locations nationwide, under short-turnaround deadline, and in accordance with recurring schedules; and

• Demonstrated capabilities within such Key Personnel to accurately categorize, record, track, allocate, and report costs at the line item level, and to calculate remittance invoices, routine operations invoices, and indefinite delivery/indefinite quantity (IDIQ) operations invoices, and to provide auditable working documentation and back-up files.

G.8.3 In addition, the Project Manager or designated representatives shall meet with the COR to discuss problem areas as they occur. The Project Manager or designated representatives shall respond within the times specified in the Contract requirements after notification of the existence of a problem.

G.8.4 CONTRACTOR RESPONSIVENESS AND CONTACT PHONE NUMBERS

G.8.4.1 The Contractor shall provide telephone numbers for seizing or blocking agencies to contact and reach its offices or representatives 24 hours a day, to include weekends and holidays.

G.8.4.2 The Contractor shall establish an on-call list of Project Personnel and their phone numbers to respond to all requests for services under the Contract from the COR and authorized DARs at any time during non-core business hours and on all holidays.

G.8.4.3 The secondary points of contact shall be available during periods when the Project

Manager is unavailable, such as vacation and sick leave periods, etc. The Project Manager shall remain responsive on all aspects of critical work accomplishment.

G.8.4.4 A designated point of contact for operations under the Contract shall be on-site at each of centralized storage facilities utilized under the Contract at least Monday through Friday, excluding Federal Holidays, during the business hours specified in the PWS. The Contractor shall maintain a list of on-call personnel to respond to service requests outside of the stipulated business hours. The Contractor shall provide the CO and COR the contact information for a designated responsible Contractor point of contact at each local and specialty storage facility operated directly or indirectly (e.g., through a subcontract) under the Contract during the Transition/Phase-In Period, when new sites are used for the storage of General Property or conveyances, and when there is a change in the Contractor’s point of contact at any of those facilities.

G.8.5 The Contractor shall provide Call Receiving and Dispatch Operations in accordance with

Paragraph C.4.1.3 of the PWS.

G.9 SUBSITUTION OR ADDITION OF KEY PERSONNEL

G.9.1 The Contractor shall notify the CO and COR prior to making any changes in Key Personnel.

Except as expressly authorized in accordance with G.6 above, no substitutions in Key Personnel shall be made unless the Contractor can demonstrate that the qualifications of prospective Key Personnel are equal to or better than the qualifications of the Key Personnel being substituted. All requests for approval of substitutions or additions in Key Personnel must be in writing and provide a detailed explanation of the circumstances necessitating the proposed change. The Contractor shall request all substitutions or additions to Key Personnel in accordance with this clause and the following additional requirements:

G.9.1.1 All substitutions must have qualifications at least equal to those of the person being replaced.

G.9.1.2 All appointments of Key Personnel shall be approved by the CO, and no substitutions or additions of such personnel shall be made without the advance written approval of the CO.

G.9.1.3 Except as provided in paragraph G.9.1.4 of this clause, at least 30 days (60 days if security clearance is required) in advance of the proposed substitution or addition, all proposed substitutions or additions of Key Personnel must be submitted in writing to the CO, including the information required in paragraph (e) of this provision.

G.9.1.4 Where individuals proposed as Key Personnel become unavailable between the submission of the final proposal revisions and Contract award because of sudden illness, death or termination of employment, within 5 days following Contract award, the Contractor shall notify the CO in writing of such unavailability and who will be performing, if required, as the temporary substitute or addition. Within 15 days following Contract award, the Contractor shall submit in writing to the CO, proposed substitutions or additions for the unavailable individuals.

G.9.1.5 Request for substitutions or additions of Key Personnel must provide a detailed explanation of the circumstances necessitating substitution or addition, a resume of the proposed substitute or addition, and any other information requested by the CO to make a determination as to the appropriateness of the proposed substitute's qualifications. All resumes shall be signed by the proposed substitute or addition and his/her formal (per company accepted organizational chart) direct supervisor or higher authority.

G.9.1.6 Resumes shall be limited to no more than 3 pages per individual. As a minimum, resumes shall include the following:

• First name, middle name or initial and last name of person;

• Position title for the Contract;

• Description of duties and responsibilities projected for the Contract, including whether the position is full or part time;

• Education (including, in reverse chronological order, colleges and/or technical schools attended (with dates), degree(s)/certification(s) received, major field(s) of study, and approximate number of total class hours);

• Citizenship status;

• Professional qualifications, registrations, etc.;

• College or high school level and vocational education;

• Exact positions held within the last ten years, the start and end dates for each, actual duties performed in each position, the reason for leaving in each case, and a description of how this experience relates to the proposed position on this project (Must show at least two projects);

• Other contracts to which this person is assigned that will run concurrently with the Contract, and the amount of time to be allotted to each project including the Contract;

• A statement defining the extent of availability and corporate commitment of that person for the specific position; and

• At least two references (names, addresses, and telephone numbers).

G.9.1.7 The CO and COR will evaluate such requests and the CO shall promptly notify the Contractor of his/her approval or disapproval, in writing. All CO disapprovals will require resubmission by the Contractor of another substitution or addition within 15 days of such CO disapproval.

G.10 INVOICING

(a) Invoice Content.

(i) See FAR 52.232-25 for the contents of a proper invoice.

(ii) All Contractor invoices and vouchers shall include Standard Form (SFs) 1034 and 1035, Public

Voucher for Purchases and Services Other Than Personal, completed as applicable. SFs are found at:

http://www.gsa.gov/portal/forms/type/TOP.

(iii) The Contractor shall submit itemized invoices or vouchers segregated by the participating Treasury Forfeiture Fund (TFF) Agencies and OFAC. Each invoice or voucher shall be segregated by the applicable charges for Firm-Fixed Price, Fixed Rate per Unit of Measure (Fixed Rate), or Cost-Plus-Fixed-Fee Contract Line Item Number (CLINs), for the invoice period, as applicable.

(iv) Invoices shall only contain charges incurred in a single Government fiscal year. A separate invoice shall be submitted if reimbursement is sought for work occurring across two (2) Government fiscal years or during a prior Government fiscal year.

(v) A statement substantially the same as follows shall be placed by the Contractor on each first (1st) page of the Contractor's invoices:

CERTIFICATION – I certify that services listed have been performed in accordance with the contract and that all personnel hours or other costs and prices are true, correct, and have not been previously billed.

A responsible official of the Contractor must sign and date under the statement above on each invoice.

(b) Submission Instructions.

http://www.gsa.gov/portal/forms/type/TOP

(i) Accurate and timely invoices or vouchers shall be submitted on a monthly basis by 5:00pm ET on the fifteenth (15th) of the following month, or next business day if the 15th is on a weekend or federal holiday.

(ii) Invoices shall be submitted in electronic format to the COR.

(c) Timing The Contractor shall submit monthly invoices for payment within thirty (30) calendar days following the end of each calendar month in which the work was performed and costs incurred in the performance of the Contract, or a later or alternate deadline as agreed to and approved in writing by the CO. In the event that costs are submitted for a previous month, Contractor shall separately identify any such costs, based upon the month in which Contractor incurred the costs.

(d) Monitoring and Review Treasury may establish a separate contract with a third party to assist with the reconciliation of invoices submitted by the Contractor. The Contractor shall cooperate with this third party in the execution of their responsibilities.

G.11 INVOICE DISPUTE RESOLUTION

The Contractor shall ensure that each invoice contains all pricing components in sufficient detail to reconcile charges with actual usage or completed task orders. Invoices shall be accurate and complete. Incorrect invoices shall be resubmitted to Treasury after all errors have been corrected. Resolution of billing errors shall be performed within 30 calendar days from the time the Contractor is notified. The Contractor shall ensure that all charges, credits, and debits are shown on the invoice and that no additional data is required by Treasury to verify the price of a call or feature and to verify the amount of discounts, credits, or debits.

The Contractor shall identify a single point of contact dedicated to resolving all billing issues related to this Contract, who, at the request of Treasury, shall be available to meet with Treasury personnel to explain invoice charges. In the absence of the specified point of contact, the Contractor shall notify the COR to facilitate dispute resolution.

G.12 APPOINTMENT OF GOVERNMENT CONTRACT PROPERTY ADMINISTRATOR

The Government may appoint a Government Contract Property Administrator for the Contract, to be named upon Contract award.

G.13 MEETINGS, CONFERENCES, AND BRIEFINGS

The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings relating to the functions and services described herein as required by the Government to provide effective communication and impart necessary information. These meetings include, but are not limited to, the Performance Evaluation meetings described in Paragraph C.1.4.2.4 of Section C, PWS The Contractor shall participate in meetings with customers and other contractors as required by the Government.

Meeting attendees shall at times include Contractor managerial, supervisory, and/or other Project Personnel knowledgeable of the subject matter. Meetings will generally be held during the core business hours, but may start or end outside of those times as conditions warrant.

When the Contractor is the representative of the Government at meetings or conferences, a report shall be furnished to the COR within two business days after meeting completion. The report shall include a description of the meeting topic and its time and place, a list of the attendees, changes in procedures, general observations and conclusions or recommended actions, and any additional information, such as handouts.

G.14 CORRESPONDENCE PROCEDURES AFTER CONTRACT AWARD

To promote timely and effective administration, correspondence (except for invoices) submitted under the Contract shall be subject to the following procedures, unless otherwise stated in the Contract:

(A) Technical Correspondence: Technical correspondence (where technical data issues are involved) shall be addressed to the COR, with an informational copy of the correspondence to the CO.

(B) Other Correspondence: All other correspondence that proposes or otherwise involves waivers, deviations, or modifications to the requirements, terms, or conditions of the Contract, shall be addressed to the

CO.

G.15 FINANCIAL DATA ARCHIVING

The Contractor shall maintain all paid and unpaid invoices and other related records as raw data for duration of two years following completion of the Contract. The Contractor shall archive all paid and unpaid invoices and other related records electronically throughout the life of the Contract.

G.16 TASK ORDER

Task Orders will be issued by the warranted Department of the Treasury- Departmental Office Contracting Officer (CO) identified in Clause G.1. The CO will order services through the issuance of individual task orders and obligate funds to cover the work required under that task order incrementally or in total.

Each task order will carry a specific task order number which will be cited on each invoice issued against the contract.

In no event shall the aggregate total of all task orders exceed the Maximum Ordering Limitation authorized in the Contract. All task order work statements and performance periods shall be within the scope of work and effective period of the Contract.

G.17 TASK ORDER PLACEMENT / PROCESSING

G.17.1 Task orders may be issued in accordance with the IDIQ PWS. The Task Order will be inclusive of all FFP, FR and CPFF CLINs. Additional Task Orders may be issued with approval of the CO.

The following ordering procedures shall apply to all…