47PE0420R0002-Attachment E Ordering Procedures - 2020 05 14.docx

Attachment E

Task Order Award Procedures Fair Opportunity and Ordering Guide

05/14/2020

47PE0420R0002, FL GENERAL CONSTRUCTION IDIQ

Table of Contents

1. General Information

1.1. Background

This is an attachment associated with the General Construction IDIQ contract for the State of Florida solicitation and impending award. This document shall be incorporated in the Contract Agreement and associated with all IDIQ Contracts awarded as a result of this acquisition.

1.2. Purpose

The General Services Administration (GSA), Public Buildings Services (PBS) has developed this Task Order Award Procedures Fair Opportunity and Ordering Guide as a means to facilitate the Contractor’s understanding of the procedures that shall be used at the Task Order ordering level. The Guide contains the information needed to properly use the Multiple Award IDIQ Contracts to award Task Orders to order General Construction service requirements for GSA PBS divisions.

This Guide is subject to change and refinement by the IDIQ Contracting Officer, at any time, throughout the duration of the IDIQ Contract.

1.3. Scope

Reference the IDIQ Statement of Work.

Period of Performance:

Base Period – 08/01/2020 to 07/31/2021 Option Year 1 - 08/01/2021 to 07/31/2022 Option Year 2 - 08/01/2022 to 07/31/2023 Option Year 3 - 08/01/2023 to 07/31/2024 Option Year 4 - 08/01/2024 to 07/31/2025

1.4. Authorized Users

Only delegated and warranted GSA PBS Region 4 Contracting Officers have the authority to order Task Orders under the Multiple Award IDIQ Contract. The Contracting Officer shall ensure that they remain within the limits of their warrant. Other Government agencies are not authorized to use or order against the Multiple Award IDIQ Contract.

1.5. Contractors

TBD

2. Roles and Responsible Reference Section 2.6. of the IDIQ Statement of Work.

3. Ordering Procedures The guidelines below detail the Task Order Award procedures. All terms and conditions of the Multiple Award IDIQ Contract shall be incorporated and utilized at the Task Order Level.

3.1. Acquisition Planning

The Government shall internally plan and prepare for newly identified requirements. Throughout this process, the Government shall at a minimum establish an integrated procurement team, compile inventory, define an acquisition strategy, and draft solicitation documentation. The Contractor shall not be privy to this acquisition planning phase and is only listed for information purposes only.

3.2. Define Requirement

The Government shall internally define and develop the scope and requirements necessary for the identified project. The Task Order scope identified shall not extend beyond the Multiple Award IDIQ Contract scope of General Construction and Design-Build Construction requirements. The Task Oder scope shall be detailed follow a specific order, as seen in the Task Order Statement of Work Template. The Contractor shall not be privy to this requirement defining phase and is only listed for information purposes only.

3.3. Task Order Types

All Task Orders procured under this Multiple Award IDIQ Contract shall be Firm-Fixed Priced. No exceptions to this contract type will be allowed.

3.4. Request for Proposal (RFP) Issuance

3.4.1. Competitive Task Orders -Fair Opportunity Procedures

This Multiple Award IDIQ Contract shall to the maximum extent practicable use competitive procedures in all subsequent Task Order awards. Unless an exception applies, all Task Orders with an estimated value expected to exceed the micro- purchase threshold are to result from a fair opportunity consideration, in accordance with FAR 16.505(b)(1).

In accordance with FAR 16.505(b)(1)(iv), for Task Orders in excess of $5,500,000, the contracting agency’s obligation to provide “a fair opportunity to be considered” is not met unless all industry partners are provided the following:

· A notice of the Order that includes a clear statement of the agency’s requirements;

· A reasonable period of time to provide a proposal in response to the notice;

· Disclosure of the significant factors and sub factors, including price or cost, which the agency expects to consider in evaluating such proposals, and their relative importance;

· In the case of an award that is to be made on a best-value basis, a written statement documenting the basis for the award and the relative importance of quality and price or cost factors; and,

· An opportunity for a post-award debriefing if timely requested.

3.4.2. Fair Opportunity Exceptions

Some Task Order acquisitions, though infrequent, may require a Task Order Contracting Officer to utilize a fair opportunity exception. Any exception to the fair opportunity process must be consistent with FAR 16.505(b)(2)(i). If an exception to the fair opportunity process is used, the Task Order Contracting Officer must ensure that justification, approval, and posting requirements are completed in accordance with FAR 16.505(b)(2)(ii). These are the only exceptions:

· The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays;

· Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;

· The Order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an Order already issued under the contract, provided that all awardees were given a fair opportunity for the original Order;

· It is necessary to place an Order to satisfy a minimum guarantee;

· For Orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source, and

3.4.3. RFP Documentation

· The Government shall issue all Task Order RFP requests on a SF-1442 and incorporate all necessary documentation within the Task Order RFP. The documentation may include an individual Statement of Work and DIDs that will detail the specific services and requirements needed. The Task Order RFP shall be disseminated to all Multiple Award IDIQ Contract holders, via email, unless another electronic means is prescribed by the GSA IDIQ Contracting Officer;

· The Government shall specify the applicable liquidated damages rate that shall apply to the specific Task Order RFP;

· The Government shall specify the period and performance requirements that apply to the impending Task Order award;

· The Government shall specify the Site Visit requirements, including the date and time a site visit will be held; if such a requirement is deemed necessary by the Task Order Contracting Officer;

· NOTE 1: Communications with other officials other than the Task Order Contract Specialist/Contracting Officer indicated in the Task Order RFP may compromise the competitiveness of the acquisition and result in the cancellation of the RFP and/or exclusion of the submitted proposal offer from this RFP.

· NOTE 2: A sample Statement of Work for Task Orders is enclosed to ensure consistency in the format of documents submitted to the IDIQ Contractors for a Task Order request.

3.5. Proposal Submission

The Contractor shall abide by and provide all the requested information detailed in the Task Order RFP. The documentation below is considered the minimum requirements:

3.5.1. Acceptance of Terms and Conditions of the Task Order RFP

The Contractor shall submit a signed and completed SF-1442 and provide signed SF-30(s) on all Task Order RFP amendments, if any were issued.

3.5.2. Pricing Proposal Documentation

The Contractor shall submit their price proposal as a lump sum Firm-fixed Priced amount on the SF-1442. The required details for submitting the price proposal shall be determined at the task order level. Task orders may require the Contractor to provide a detailed breakdown using the Contract Line Item Numbers (CLINs) within their accepted IDIQ Contract within the current IDIQ Contract period of performance. If required, the proposed price breakdown shall be submitted on the Price Breakdown Template, no other substitution shall be allowed or accepted, unless the IDIQ Contracting Officer approves. At no time shall pricing exceed that negotiated Contract price.

3.5.3. Technical Proposal Documentation

The Contractor shall provide all necessary technical documentation requested in the Task Order RFP, as a means to facilitate the evaluation process. The technical documentation requirements shall vary on each Task Order RFP.

3.5.4. Bonding Documentation

The Contractor shall provide a completed and sealed SF-25 and SF-25A Performance and Payment Bonds, in accordance with FAR 28.102 and GSAM

528.102. Please note that the exceptions to bond requirements will be determined at the Task Order RFP level, based on the Task Order Contracting Officer’s determination and dollar threshold expected on the Task Order award.

3.6. Proposal Evaluation

The Contractor proposal shall be evaluated by one of the methods listed below. The evaluation method shall be clearly stated within the Task Order RFP. In all circumstances The Task Order Contracting Officer must determine fair and reasonable pricing for all Fixed-Price Orders in accordance with FAR 15.4 and FAR 16.2.

3.6.1. Price Only

This method may be utilized when the Task Order Contracting Officer elects to make a fair opportunity decision based on price only and no other technical submissions are required and the estimated value of the Task Order does not exceed the Simplified Acquisition Threshold. The Contractor may offer discounts to the accepted IDIQ Unite Price Items.

3.6.2. Lowest Priced Technically Acceptable (LPTA) with a solicitation

This method may be utilized when the Task Order Contracting Officer elects to make a fair opportunity decision based on a technically acceptable proposal with the lowest evaluated price.

3.6.3. Best Value Trade-Off with a solicitation

This method may be utilized with the Task Order Contracting Officer elects to include non-price factors (e.g. technical, past performance) in addition to price and perform a tradeoff analysis to determine best value. If this method is selected, the Task Order RFP shall list all non-price evaluation factors in detail and provide an acceptability standard for each non-price evaluation factor.

4. Task Order Award Documentation, Debriefings, and Protests

4.1. Award Documentation

The Contractor, who is determined to be the potential Task Order awardee, shall receive a SF 1442 award form once a final determination for award is made. The Contractor is required to bi-lateral sign the SF 1442 and acknowledge all associated award documentation. Once the Task Order Contracting Officer receives the signed SF 1442, the Task Order Contracting Officer shall be able to fully execute the SF 1442 and officially obligate the Task Order.

Note: The Contractor shall not perform on any of the Task Order specifications, until a Notice to Proceed (NTP) is issued by the Task Order Contracting Officer.

4.2. Announcement of Award

Announcement of Task Order awards to all competing Offerors is shall be made by the Task Order Contracting Officer, when fair opportunity procedures are completed. If a fair opportunity exemption occurs, announcement exceptions may occur.

4.3. Debriefing

In accordance with FAR 16.505(b)(6), debriefings consistent with FAR 15.506 are required with timely requested for Task Orders greater than $5,500,000. Debriefings for Task Orders less than $5,500,000 are also encouraged, but not required.

4.4. Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) procedures increase the opportunity for relatively inexpensive and expeditious resolution of issues in controversy. These procedures may be used at any time that the Task Order Contracting Officer has authority to resolve the issue in controversy. If the Contractor submits a claim, ADR procedures may be applied to all or part of the claim. When ADR procedures are used after the issuance of a Task Order Contracting Officer’s final decision, the time limitations or procedural requirements for filing an appeal of the Task Order Contracting Officer’s final decision are not altered.

4.5. Task Order Level Protest

In accordance with FAR 16.505(a)(10), no protest under $10,000,000 is authorized in connection with the issuance or proposed issuance of a Task Order under the IDIQ Contract, except for a protest on the grounds that the Task Order increases the IDIQ scope, IDIQ period of performance, or maximum value of the IDIQ Contract. The Government Accountability Office (GAO) has exclusive jurisdiction over any Civilian Contract protests greater than $10,000,000.

4.6. Ombudsman

The GSA Ombudsman will exercise jurisdiction on any matters pertaining to IDIQ Contracts and all subsequent Task Orders awarded by GSA. The ombudsman will review complaints from Contractors and ensure that they are afforded a fair opportunity to be considered for award, consistent with the procedures in the contract.

4.7. Report of Task/Delivery Orders

The Contractor shall furnish monthly reports listing all Task/Delivery Orders including changes received under the contract during the reporting month by line item, with dollar value of each order or change.

Such reports shall be submitted on a GSA Form 72 "Contractor's Report of Orders Received" or Contractor's own letterhead and forwarded within ten (10) working days after each reporting period to:

General Services Administration, Region 4 ATTN: Kimberly Carson Martin Luther King, Jr. Federal Building 77 Forsyth Street Atlanta, GA 30303 Telephone Number: 404-267-8075

Reporting Period. A reporting period shall be at the end of each calendar month, whether or not the contract is in force for the full month. If no orders are received during a reporting period, a negative report shall be submitted. Reports shall continue until all work ordered under this contract is competed and accepted by the ordering agent.

Willful failure or refusal to furnish the required reports, or, falsification thereof, or denial of said right to inspect Contractor's records shall constitute sufficient cause for Default in accordance with the Construction Contract Clauses.

5. Task Order Administration

5.1. Quality Assurance

The Task Order Contracting Officer is responsible for assuring that all performance meets the minimum requirements established in the awarded Task Order, documenting the Task Order file and communicating with the Contractor to ensure the Government is receiving the contracted services. If the Contractor’s performance monitoring is delegated to a Contracting Officer Representative (COR) or another delegate, the specific authority/limitations shall be documented in accordance with FAR 1.602-2(d) and a copy provided to the Contractor.

In addition the Contractor is expected to self-monitor their performance; follow the IDIQ and Task Order specifications/requirements and Quality Assurance Plan and Quality Control Plan associated and accepted by the Government.

5.2. Reporting Past Performance

At completion of Task Order performance, and annually for Task Orders with a period of performance exceeding one year, the Task Order Contracting Officer is required by FAR

42.15 to complete a past performance record for the prime Contractor at the thresholds identified at FAR 42.1205(c). Additional reviews may be completed, based on the Task Order Contracting Officer’s determination and overall performance of the Contractor.

5.3. Reporting and Task Order Close-out

The Contractor shall follow all close-out requirements stated in the solicitation, Contract Agreement, and any additional requirements set at the Task Order level. The Task Order Contracting Officer shall be responsible to follow close-out requirements, in accordance with FAR 4.804.

6. Other Considerations

6.1. Potential Organizational Conflicts of Interest

If a Task Order RFP creates a potential or actual conflict of interest, the Task Order Contracting Officer should identify the potential or actual conflict and decide if a remediation approach is available, which mitigates the risk or if other appropriate action is necessary consistent with FAR 9.5. The Task Order Contracting Officer will routinely work with the GSA legal Council on such matters.

If a Task Order Contracting Officer discovers a potential or actual conflict of interest after Task Order issuance, the Task Order Contracting Officers should conduct due diligence and determine if the waiver is warranted and take the necessary action, in accordance with FAR 9.503.

6.2. Industry Partner Responsibility

Overall responsibility has been determined for each IDIQ Contractor per FAR 9.1. However in accordance with FAR 9.405-1, Task Order Contracting Officer shall complete and document a review of active exclusions (SAM.gov) on the Contractor they intend to award Task Orders to prior to awarding each Task Order.

6.3. Funding Availability and Task Order Funding

Funding for each Task Order shall be at the Order level. Incremental funding strategies shall not be used, unless the IDIQ Contracting Officer allows for an exception.

6.4. Order Duration

The Task Order Contracting Officer may award a Task Order throughout the period of performance of the IDIQ Contract. A Task Order period of performance duration is not dependent upon the IDIQ Contract period of performance and shall be specified in the individual Task Order.

6.5. Task Order Cancellation

Cancellation of a Task Order RFP is at the discretion of the Task Order Contracting Officer. RFP cancellations require minimal justification, while RFP cancellation may be necessary and justified for any or all of the three (3) reasons listed below. The Task Order Contracting Officer shall document the cancellation decision rationale and decision approved pursuant to GSA policy. The cancellation rationale shall be documented in the Task Order file.

· Services are no longer required, or are significantly changed;

· All proposals received are at unreasonable prices, or only one offer is received, and the Task Order Contracting Officer cannot determine the reasonableness of the price;

· For other reasons, cancellation is clearly in the public’s interest.

6.6. Wage Rate Requirements

It is the responsibility of the Ordering Contracting Officer (OCO), at the Task/Delivery Order level, to obtain the most current and applicable Wage Rate Determinations from the Department of Labor and incorporate it into the Task Order.

General Services Administration Public Buildings Service [Office Name]

Statement of Work [Title of Procurement]

[Date]

Table of Contents

Include a brief description of who the procurement is for and the goal of the procurement.

[Example: The General Services Administration (GSA), Public Buildings Service (PBS), Office of Design and Construction, 1800 F Street, NW, Washington, DC is pursuing Audio/Video (A/V)…]

1.2 Objective

This section should provide a brief statement of what the Government expects to accomplish under the contract and how the results or end products will be used.

[Example: The GSA is required to …for the purpose of…. Therefore, it is essential that these services are designed with information on the subjects related to such events which are aimed at addressing these needs.]

1.3 Background

This section should provide information needed to acquaint the reader with the basic acquisition situation and should (1) Identify the requirement in very general terms; (2) Describe why the project is being pursued and how it relates to other projects; (3) Summarize any statutory authority or regulations affecting the overall requirement (4) If the procurement is a recompete, describe the previous procurement in basic terms (incumbents, dollars spent, period of performance, how it was procured, number of Contractors awarded the procurement).

2.0 Scope of Work

This section provides a summary of what the Contractor will be responsible to provide in terms of a high-level description of the tasks or deliverables. Bullets or list will suffice as these high level tasks or deliverables will be further defined in section 3.0 Specific Requirements or Tasks

3.0 Specific Requirements or Tasks

This section defines the work that the contractor must complete during contract performance. This section must describe the requirements in a way that permits Contractors to perform the service without direct Government supervision. This section shall provide a summary of specific activities the Contractor will support or provide. Each 3.X section below shall be dedicated to detailing each of the requirements or tasks listed in 2.0 Scope of Work above.

[Example: The functions defined below shall be required for support of the base period and all option periods to include single events and ongoing initiatives. The General Session events shall take place at the Boston – Marriott Copley Place Hotel, in the Large Ballroom and approximately 350+ event attendees are anticipated. The Contractor shall provide at a minimum the indicated products or services, in the stated specifications or higher, as contained within the Statement of Work (SOW).]

3.1 Specific Requirement or Task 1

The Contractor shall… to what extend…for how long.

3.1.2 The Contractor shall provide audio/video event production services for the Capital Construction Workshop (CCW), during the scheduled General Session meetings.

3.1.3 The Contractor shall arrive at the Marriott Copley Place Hotel no later than twenty-four (24) hours in advance of the first General Session to ensure proper set-up and testing of audio/video equipment requirements, and confirm with the GSA, COR twelve (12) hours prior to commencement that all equipment is operational and ready for production.

The Contractor shall… to what extend…for how long.

3.3 Specific Requirement or Task 3

The Contractor shall… to what extend…for how long.

4.0 Labor Requirements

If applicable, this section clearly defines and describes the labor categories to be used under this contract.

Example: Below is a list of labor categories required for this contract.

4.1 Labor Category 1: Documentation Specialist/ Technical Writer Example of duties may include, but is not limited to the following:

Requirements

· A Bachelor’s degree and at least two (2) years of experience; or

· At least four (4) years of specialized experience (no degree requirement).

4.2 Labor Category 2: Project Manager

Example of Duties

Requirements

· At least five (5) years of ADP experience and IT systems and a Bachelor’s degree in Computer Science, Information Systems, Engineering, Business, or other related scientific or technical field; or

· At least ten (10) years of ADP experience and IT systems and no degree requirement.

5.0 Deliverables

This section clearly defines what, when (using actual dates or some other method that clearly marks the required delivery date), and where (this may be stated as a location or a person identified by position, for example: the COR) the Contractor must deliver the contract requirements. This section shall set expectations for type, format, frequency, content, and receipts of deliverables. Additionally, describe what documents (if any) the contractor must obtain form the Government to verify Government receipt of the deliverable.

Example: All deliverables under this contract become Government property and are able to be publically released under the Freedom of Information Act (FOIA), unless the Contractor marks them proprietary and the Government concurs.

The following sections are examples of possible deliverables and the language to be provided…

5.1 Quarterly Status Reports

The Contractor’s Program Manager shall provide all quarterly status reports, via email, to the CO and COR by 5:00PM EST on the following dates:

· January 10th;

· April 10th;

· July 10th; and

· October 10th.

The Task Order quarterly status reports include:

· Progress for each Region;

· Updates and Changes;

· Users/Projects involved with each Region’s initiatives;

· Lessons Learned;

· Subcontracting/ Small Business Reporting; and

· Plan of Action and Milestones (POA&M).

5.2 Annual Small Business Goal Report

*** Contracting Office will update this section. *** If the Contractor is a large business, then they shall submit a report to the CO by August 1st of each Government fiscal year the contract exists. This report shall account for all small business goals that have occurred during the current Government fiscal year (October 1st- July 31st) and outline the anticipated goals for the remaining portion of the fiscal year (August 1st- September 30th). If the large business fails to meet the designated XX% small business goals, the CO could cancel the award.

5.3 Earned Value Management System (EVMS) Requirements

*** Contracting Office will update this section. *** On a monthly basis, or more often as negotiated by the Contractor and the CO, the Contractor shall provide, at a minimum, in a format agreed to by the Contractor and the CO, the following project status information for the task outlined in the SOW, if the task is a relevant OMB 300 Project. The Contractor shall have the capability to report to the next lower level at the request of the CO. The Contractor shall implement an EVMS to report in the monthly status report on cost, schedule status, and variances to the government.

6.0 Place and Period of Performance

This section shall describe the location where work is to be performed and the period in which the work is to be performed. Include Phase-In/Phase-Out requirements if necessary.

Example: Work shall be primarily performed in the Washington, D.C. Metro area, and in GSA Regional Offices. Core hours are generally 7:30 a.m. through 4:00 p.m., Monday through Friday. Contractor personnel is expected to conform to customer Agency normal operating hours. Government space may be assigned for this support. The hours, exact location, and assignment of government space shall be identified in each individual Task Order; however, unless explicitly stated in the Task Order, telework shall not be supported. Contractor meetings shall be conducted at the GSA Central Office, Washington, D.C. and other work sites in the Metro area.

The TASK ORDER will be established for a duration of five (5) years. The anticipated period of performance shall be April 2, 2012 to April 1, 2017.

6.1 Phase-In/ Phase-Out Overview

This section shall outline the transition plans for incoming and outgoing Contractors. These plans are important as they hold the Contractor accountable for performance during the transition period. If applicable, example of suggested language… The Phase-In/Phase-Out process is defined as a smooth transition from one Contractor to another, in order to maintain the program’s integrity required under this and the previous agreements.

The Contractor shall take all actions necessary to achieve a successful transition from the incumbent Contractor/GSA Staff and to the follow-on Contractor/GSA Staff.

6.2 Phase-In

The Contractor shall follow the Government approved phase-in transition plan. The Contractor shall expect to attend an orientation session at or before the start of the award. This session may be virtual or at a central location.

Though the contract’s anticipated period of performance begins on April 2, 2012, no work shall commence prior to October 1, 2012, though some requirements/tasks may require a Phase-In Process. The Phase-In Process shall be limited to September 15, 2012 to September 30, 2012, or as specified through the CO.

6.3 Phase-Out

The Contractor shall maintain fully compliant during the period of time leading up to the contract’s expiration or termination. The Contractor shall submit to the Government a phase-out plan sixty (60) calendar days before the contract’s completion or termination. The phase-out plan shall address not less than the following.

· Procedures for retaining the staffing levels necessary to maintain required services through the day of the contract’s expiration or termination.

· Procedure and responsibilities for performing physical inventory and reconciliation of Government Furnished Equipment (GFE) and Government Furnished Information (GFI).

· Procedure and responsibility for reconciling and certifying material and equipment on-hand levels and accuracy.

The Contractor shall coordinate its phase-out activities with the incoming Contractor to effect a smooth and orderly transition at the end of the contract’s period of performance. The Contractor shall provide on-the-job training for the incoming Contractor personnel, as needed by the in-coming Contractor, except for IT training which shall be provided by the Government. The Contractor shall remove all Contractor-owned property from the Government space or facility by close of business on the last day of the contract.

7.0 Travel

Include a statement pertaining to travel anticipated as a result of this requirement. If no travel is anticipated, say so.

Example: If travel is required based on this contract, the Government will negotiate travel expenses and authorize the travel in writing prior to the occurrence of travel. The Government will reimburse Contractor for all travel expenses in accordance with the Federal Travel Regulation (FTR). Travel expenses shall be submitted on incident basis.

Local travel is not reimbursable. Local travel shall be considered within fifty (50) miles of the GSA Headquarters and within fifty (50) miles from each Regional Office Buildings.

8.0 Government Furnished Equipment (GFE)/ Government Furnished Information (GFI) If applicable, include any GFE or GFI that will be needed by the Contractor during the period of performance of the contract, in order to complete the requirements of the contract. If no GFE or GFI is anticipates, say so.

Example (though additional, more specific language is needed):

Any use of Government equipment necessary for Contractor personnel to complete the task and deliverables and if Virtual Private Network (VPN) access* to GSA networks is provided to a Contractor these individuals shall not be given VPN access until their suitability clearance preliminary access (fingerprint check) has been successfully adjudicated.

*Under the most recent Office of the Chief Human Capital Officer (OCHCO) HSPD12 Standard Operating Procedure, a successful fingerprint clearance is sufficient to allow network access.

The anticipated GFE is: _____________.

The anticipated GFI is: _____________.

9.0 Security

Include a statement pertaining to anticipated security requirements as a result of this procurement. If there is anything special about the security requirements of your procurement, please list them here (i.e. IT requirements, level of facility clearance needed, etc.)

Example: The Contractor shall comply with GSA administrative, physical, and technical security controls to ensure that all Government’s security requirements are met. In addition, all Contractor personnel shall adhere to the GSA PBS’s rules and regulations. The Contractor is responsible for addressing any issues or concerns raised by PBS within a one week turn around.

9.1 Homeland Security Presidential Directive (HSPD-12) and Background Investigations Requirements *** Contracting Office will update this section. ***

For any Contractor personnel performing work under this SOW who shall require access to GSA IT applications, systems, or data, the Contractor(s) shall comply with the Homeland Security Presidential Directive-12 (HSPD-12) security clearance process. This means first obtaining a fingerprint clearance, which typically takes 3-4 weeks. At that point, the Authorizing Official (AO) can grant limited access on a case by case basis. Next, a preliminary favorable adjudication of their National Agency Check with Inquiries (NACI) clearance level shall be received. This process can take 1 to 2 months. Only when a full NACI adjudication is received shall full access be granted. This process usually takes four (4) to eight (8) months, though it could take as many as 12 months.

The Contractor(s) shall submit the necessary paperwork to conduct a National Agency Check with Inquiries (NACI) background investigation for each proposed personnel prior to working on the contract. Contractor(s) shall not be granted access to a GSA facility or to any GSA IT system prior to a favorable response to the fingerprint portion of this background investigation. An individual Contractor’s failure to return satisfactory results from the background investigation shall result in immediate removal of that Contractor.

Higher levels of clearance shall also be required depending on the level of trust required to perform specific duties or perform a specific task. For any Contractor who shall have access to Sensitive but Unclassified (SBU), Financial Transactions, Personally Identifiable Information (PII), or any data that is deemed to require a higher level of trust, a Minimum Background Investigation (MBI) shall be required.

The Contractor shall be required to fund their employees’ security clearance and background investigation processes; the Government will not provide funding for these requirements.

9.2 Privacy Act

*** Contracting Office will update this section. *** Work on this contract will require personnel to have access to Privacy Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

9.3 Protection of Information

*** Contracting Office will update this section. *** The Contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of work under the contract. In addition, the Contractor shall protect all government data, equipment, or information by treating the material as sensitive. SBU information, data, and/or equipment shall only be disclosed to authorize personnel. The Contractor shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, and/or equipment is properly protected. When no longer required, this information, data, and/or equipment shall be returned to Government control, destroyed, or held until otherwise directed. Items returned to the Government will be hand carried or mailed to the COR using certified mail. The Contractor shall destroy unneeded items by burning, shredding, or any other method that precludes the reconstruction of the material.

9.4 Non-Disclosure Agreements

*** Contracting Office will update this section. *** If determined to be required by the CO, Contractor, and their personnel shall be required to sign non-disclosure agreements (NDAs).

9.5 Organizational Conflict of Interest

*** Contracting Office will update this section. *** FAR Subpart 9.5, Organizational Conflicts of Interest, applies. If the CO determines that an offeror may have a potential organizational conflict of interest, then the Contractor shall be required to submit a mitigation plan and, if awarded, comply with any procedures put in place to avoid or mitigate conflicts.

*** Contracting Office will update this section. *** All invoicing shall be done electronically. Password and electronic invoice access shall be obtained through GSA web site at http://www.finance.gsa.gov. Invoices shall be itemized as per the specific line items utilized during that billing period.

Billing and payment shall be accomplished in accordance with this clause. The Contractor shall have the invoice certified by the client representative. The Contractor’s invoice shall be for no less than one month. The Contractor shall invoice only for the hours, travel, and/or unique services ordered by GSA and actually used in direct support of the client representative’s project. A copy of the Government’s document (receiving report) accepting the covered services shall accompany invoices submitted for payment. A copy of the invoice shall be submitted via email to the Government PM, along with the monthly status reports, at the same time that it is submitted for payment. Failure to comply with the procedures outlined above shall result in your payment being delayed.

The Contractor shall submit with a GSA Form 1142- Release of Claims with submission of the final invoice at the end of the period of performance. A copy of the form should be sent via email to the Contracting Officer identified in Block 26A of the award document (GSA Form 300) and to the Contract Specialist and COR identified as the Government POCs in this SOW.

10.2 Delivery Schedule

The Contractor’s delivery schedule shall be as follows:

Invoices

- Copy to Government PM

- Copy to CO/ Contract Specialist

- Copy to COR Invoices shall identify the hours worked and /or deliverables and their associated costs in dollars.

10.3 Inspection and Acceptance

*** Contracting Office will update this section. *** The Government will have fifteen (15) business days to complete the review of each deliverable and accept or reject the deliverable by giving written notice. When the Government fails to complete the review within the review period, the deliverable shall become acceptable, unless an extension of the review period is requested and mutually agreed upon. In the event of rejection of any deliverable, the Contractor shall be so notified in writing by the Government PM or CO, giving the specific reason(s) for the rejection. The Contractor shall have five (5) business days to correct the rejected deliverable and return it to the Government PM. The Contractor shall be allowed one (1) resubmission of deliverables.

10.4 Cancellation of Orders

*** Contracting Office will update this section. *** The Government has the right to cancel Task Orders if the requirement is eliminated, changed, or no longer needed. The Government will notify the IDIQ Contractor, in writing thirty (30) calendar days prior to the stop work date.

10.5 Unauthorized Commitment

*** Contracting Office will update this section. *** The Government PM or any other client representative is not authorized to change any of the terms and conditions of the resultant Task Orders. Changes, if any, shall be made by the CO only.

10.6 Personal Services

*** Contracting Office will update this section. *** The Government has determined that in order to satisfy the requirements in this SOW the use of a PBS IDV is in the best interest of the Government, economic and other factors considered, and this Task Order is not being used to procure personal services prohibited by the Federal Acquisition Regulation (FAR) Part 37.104 titled "Personal Services Contract."

10.7 FAR/ GSAM Clauses

*** Contracting Office will update this section. ***

Jane Doe Contracting Officer Representative (COR) Department XYZ Street Address City, State, and Zip Code Email Address

*** Contracting Office will update this section. *** John Doe Contract Specialist Department XYZ Street Address City, State, and Zip Code Email Address image1.jpeg