60RRBH18Q0013.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

60RRBH18Q0013

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

03/08/2018

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME Amber Nevin (amber.nevin@rrb.gov)

b. TELEPHONE NUMBER (No collect calls) 312-751-4538

8. OFFER DUE DATE / LOCAL

TIME

03/30/2018 10:00:00

CODE ACQMGMT

U.S. Railroad Retirement Board Acquisition Management 844 N. Rush St.

Chicago, IL 60611

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 561990

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

035CODE15. DELIVER TO

U.S. RAILROAD RETIREMENT BOARD

BASEMENT/RECEIVING

844 NORTH RUSH STREET

CHICAGO, IL 60611

CODE 03916. ADMINISTERED BY

U.S.RAILROAD RETIREMENT BOARD

ACQUISITION MANAGEMENT

844 N. RUSH ST., 9TH FL.

CHICAGO, IL 60611

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY

U.S. RAILROAD RETIREMENT BOARD

FISCAL OPERATIONS

844 N RUSH ST., 5TH FLOOR

CHICAGO, IL 60611

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

OFFER SEE ADDENDUM

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

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

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

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Lines

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

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 ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ 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.

29. AWARD OF CONTRACT: REF. _____________________________ 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 THE CONTRACTING OFFICER (TYPE OR PRINT) Paul T. Ahern

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: 60RRBH18Q0013 PROCESSED Page 1 of 38

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 02/2012) BACK

Document Number: 60RRBH18Q0013 PROCESSED Page 2 of 38

Table of Contents

Section Description Page Number

I Introduction Overview

II Schedule of Supplies and Services Schedule of Supplies and Services

III Statement of Work Statement of Objectives

IV General Terms and Conditions 52.239-1 Privacy or Security Safeguards (Aug 1996) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.222-17 Nondisplacement of Qualified Workers (May 2014) 52.212-3 Offeror Representations and Certifications--Commercial Items (Nov 2017) 52.232-18 Availability Of Funds (Apr 1984) RRB.A.01 A. General RRB Provision-1.Technical Direction RRB.B.02 B. Security Provisions-1. Privacy Or Security Safeguards (AUG 1996) FAR 52.239-1 (with RRB Fill-ins) RRB.A.8 Remittance Address 52.232-19 Availability Of Funds For The Next Fiscal Year (Apr 1984) RRB.A.07 A. General RRB Provision-7.The Role of Government Personnel and Responsibility for Contract Administration RRB.B.05 Wage Determination 52.217-8 Option to Extend Services (Nov 1999) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) RRB.A.03 A. General RRB Provision-3.Billing 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.228-5 Insurance - Work on a Government Installation (Jan 1997)

V Proposal Submission Instructions Submission of Quotations/Proposals

VI Evaluation and Award Evaluation and Award

VII List of Attachments Attachments

Document Number: 60RRBH18Q0013 PROCESSED Page 3 of 38

Section I - Introduction

Overview

A. Agency Background

The U. S. Railroad Retirement Board (“RRB”) is an independent Federal agency that administers a retirement and sur-vivor benefits program for railroad employees and their families. The RRB was established by the Railroad Retirement Act of 1935. Its benefits program was the forerunner of the more familiar Social Security System. The Railroad Re-tirement System is unique inasmuch as it is the only federally administered benefits program covering a single private industry. The RRB also administers the Railroad Unemployment Insurance Act, which provides unemployment and sickness benefits to railroad employees. The RRB is headquartered in Chicago, IL.

B. Purpose

The purpose of this solicitation is to obtain quotations for a contractor’s employee to provide Shipping and Receiving Clerk Services for the RRB, Supply Management, for a Basic year beginning on June 1, 2018, with four (4) option year(s) as specified in the Statement of Objectives (SOO) in Section III below. The RRB intends to award a contract with options for the services. The RRB requires the services to be performed Monday through Friday (except Federal Holidays), from 7:00 am to 3:30 pm (Central Time). All work shall be performed on-site at the RRB headquarters in Chicago unless otherwise authorized by the RRB Supply Management official. The RRB anticipates no off-site work.

The contractor shall abide by all laws, regulations, and contract provisions for the safeguarding of Personally Identifi-able Information (PII) and shall observe all confidentiality policies.

Interested offerors are highly encouraged to schedule a site visit. Site visits may be scheduled between March 8, 2018 and March 14, 2018 but must be completed by March 14, 2018 at 2:00pm. Site visits will be held at the RRB Headquarters located at 844 N. Rush St, Chicago, IL 60611. Offerors may schedule a site visit by sending an email to Mr. Pedro Borjas, Supply Management, at pedro.borjas@rrb.gov. The email request for a site visit must state the re-quested date and time between March 8-14, 2018 for the site visit as well as the names and contact information for the attendees. Offerors may submit questions regarding the RFQ to proposals@rrb.gov by March 16th at 10:00am. Ques-tions asked during site visits must also be submitted in writing to the RRB to receive the official RRB responses. See Section V.B.1.d.

Section II - Schedule of Supplies and Services

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

0001 Administrative Support- Other 0.000000 $

Period of Performance: 06/01/2018 - 05/31/2019

Description:

Base year for the shipping and receiving clerk services. Offerors shall enter a firm fixed price in the subCLINS listed below.

0001AA Administrative Support- Other 12.000000 MO

Period of Performance: 06/01/2018 - 05/31/2019

Description:

Base year for the shipping and receiving clerk services as described in Section III, Statement of Objectives. Offerors shall enter above a firm fixed price per month to perform the services at the RRB Headquarters Monday-Friday during normal working hours (7:00am - 3:30pm CST).

0001AB Administrative Support- Other 1.000000 HR

Period of Performance: 06/01/2018 - 05/31/2019

Description:

Base year for the shipping and receiving clerk services as described in Section III, Statement of Objectives. Offerors shall enter above a firm fixed price per hour to perform the services in excess of 40 hours per week, or on a Saturday or Federal holiday.

Document Number: 60RRBH18Q0013 PROCESSED Page 4 of 38

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

0002 Administrative Support- Other 0.000000 $

Period of Performance: 06/01/2019 - 05/31/2020

Description:

1st option year for the shipping and receiving clerk services. Offerors shall enter a firm fixed price in the subCLINS listed below.

0002AA Administrative Support- Other 12.000000 MO

Period of Performance: 06/01/2019 - 05/31/2020

Description:

1st option year for the shipping and receiving clerk services as described in Section III, Statement of Objectives. Offerors shall enter above a firm fixed price per month to perform the services at the RRB Headquarters Monday-Friday during normal working hours (7:00am

- 3:30pm CST).

0002AB Administrative Support- Other 1.000000 HR

Period of Performance: 06/01/2019 - 05/31/2020

Description:

1st option year for the shipping and receiving clerk services as described in Section III, Statement of Objectives. Offerors shall enter above a firm fixed price per hour to perform the services in excess of 40 hours per week, or on a Saturday or Federal holiday.

0003 Administrative Support- Other 0.000000 $

Period of Performance: 06/01/2020 - 05/31/2021

Description:

2nd option year for the shipping and receiving clerk services. Offerors shall enter a firm fixed price in the subCLINS listed below.

0003AA Administrative Support- Other 12.000000 MO

Period of Performance: 06/01/2020 - 05/31/2021

Description:

2nd option year for the shipping and receiving clerk services as described in Section III, Statement of Objectives. Offerors shall enter above a firm fixed price per month to perform the services at the RRB Headquarters Monday-Friday during normal working hours (7:00am

- 3:30pm CST).

0003AB Administrative Support- Other 1.000000 HR

Period of Performance: 06/01/2020 - 05/31/2021

Description:

2nd option year for the shipping and receiving clerk services as described in Section III, Statement of Objectives. Offerors shall enter above a firm fixed price per hour to perform the services in excess of 40 hours per week, or on a Saturday or Federal holiday.

0004 Administrative Support- Other 0.000000 $

Period of Performance: 06/01/2021 - 05/31/2022

Description:

3rd option year for the shipping and receiving clerk services. Offerors shall enter a firm fixed price in the subCLINS listed below.

0004AA Administrative Support- Other 12.000000 MO

Period of Performance: 06/01/2021 - 05/31/2022

Description:

3rd option year for the shipping and receiving clerk services as described in Section III, Statement of Objectives. Offerors shall enter above a firm fixed price per month to perform the services at the RRB Headquarters Monday-Friday during normal working hours (7:00am

- 3:30pm CST).

0004AB Administrative Support- Other 1.000000 HR

Period of Performance: 06/01/2021 - 05/31/2022

Description:

3rd option year for the shipping and receiving clerk services as described in Section III, Statement of Objectives. Offerors shall enter above a firm fixed price per hour to perform the services in excess of 40 hours per week, or on a Saturday or Federal holiday.

Document Number: 60RRBH18Q0013 PROCESSED Page 5 of 38

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

0005 Administrative Support- Other 0.000000 $

Period of Performance: 06/01/2022 - 05/31/2023

Description:

4th option year for the shipping and receiving clerk services. Offerors shall enter a firm fixed price in the subCLINS listed below.

0005AA Administrative Support- Other 12.000000 MO

Period of Performance: 06/01/2022 - 05/31/2023

Description:

4th option year for the shipping and receiving clerk services as described in Section III, Statement of Objectives. Offerors shall enter above a firm fixed price per month to perform the services at the RRB Headquarters Monday-Friday during normal working hours (7:00am

- 3:30pm CST).

0005AB Administrative Support- Other 1.000000 HR

Period of Performance: 06/01/2022 - 05/31/2023

Description:

4th option year for the shipping and receiving clerk services as described in Section III, Statement of Objectives. Offerors shall enter above a firm fixed price per hour to perform the services in excess of 40 hours per week, or on a Saturday or Federal holiday.

Schedule of Supplies and Services

A. PRICING SCHEDULE

The Government envisions all services being provided on site at the RRB headquarters location at 844 N. Rush Street. Therefore all prices MUST include travel expenses incurred by the vendor. Upon receipt of a proper invoice, the Government shall pay the Con-tractor monthly per the prompt payment act.

The offeror shall provide a “fully loaded” firm-fixed monthly price and a firm-fixed hourly price rate for services exceeding 40 hours per week or work on a Saturday or Federal Holiday above in Section II for services described in Section III. The RRB describes “fully loaded” as the price inclusive of direct wage, fringe benefits, all overheads, general and administrative (G&A) cost, profit and fees, and all travel and per diem costs for the Contractor’s employees to perform the required services at the RRB as stated in Section III. The Contractor shall provide their company’s description/qualifications required for each category proposed to be employed. For the purposes of this contract, the RRB defines “regular working hours” as the hours from 7:00 a.m. to 3:30 p.m. central time. The RRB has one contractor employee as the primary contractor staff person currently performing the duties. The Contractor who is awar-ded the contract must offer the position to the current employee (See FAR 52.222-17, Nondisplacement of Qualified Workers (MAY 2014). (See section IV)

The RRB encourages the contractor to offer spot price reductions. (see FAR 8.405-4, Price Reductions)

B. CONTRACTOR INFORMATION FOR ORDER ADMINISTRATION

1) Order address ______________________

2) Business Size ______________________

3) Federal Tax ID # ____________________ [Submit on IRS Form W9 with offer]

4) DUNS No. ______________________

5) Remit Address ______________________

6) Authorized representatives:

Business Technical

Document Number: 60RRBH18Q0013 PROCESSED Page 6 of 38

Name:

Phone #:

Fax #:

E-Mail:

7) System for Award Management (SAM) completed*:

Yes [ ] No [ ]

* Offeror must be properly registered, including business size annotation, and in active status in SAM at time of proposal sub-mission in order to be eligible for award of a Federal contract or order. (See www.sam.gov).

PERIOD OF PERFORMANCE

ITEM START END

0001 06/01/2018 05/31/2019

0001 AA 06/01/2018 05/31/2019

0001 AB 06/01/2018 05/31/2019

0002 06/01/2019 05/31/2020

0002 AA 06/01/2019 05/31/2020

0002 AB 06/01/2019 05/31/2020

0003 06/01/2020 05/31/2021

0003 AA 06/01/2020 05/31/2021

0003 AB 06/01/2020 05/31/2021

0004 06/01/2021 05/31/2022

0004 AA 06/01/2021 05/31/2022

0004 AB 06/01/2021 05/31/2022

0005 06/01/2022 05/31/2023

0005 AA 06/01/2022 05/31/2023

0005 AB 06/01/2022 05/31/2023

Section III - Statement of Work

Statement of Objectives

A. Shipping and Receiving Services Performance Objectives:

The following are the RRB’s objectives for the shipping and receiving and clerk services to be provided at the RRB’s headquarters fa-cility. The Contractor shall:

1. Sort and deliver incoming tubs of RRB claim folders from the Federal Records Center (FRC) to a variety of loca-tions within the RRB headquarters facility.

2. Perform the internal pick-up and staging of outgoing tubs of RRB claim folders for external pick-up and shipment to

FRC.

3. Provide receipt and proper delivery of incoming packages from various delivery service carriers (e.g; FED-EX, UPS, DHL, etc).

4. Unload and load delivery trucks using either electric or hand jacks or appliance movers.

5. Pull stock requisitions (supplies and forms) and deliver to the appropriate RRB organizations in the headquarters fa-

Document Number: 60RRBH18Q0013 PROCESSED Page 7 of 38 cility.

6. Pick, pack and label outgoing stock requisitions to be shipped to RRB District (Field) Offices using the RRB’s overnight/ground delivery service contract.

7. Perform other related duties including but not limited to, moving of chairs, cabinets or other furniture items as ne-cessary etc.

8. If during the handling of any of the above, should the Contractor personnel observe any privacy information as defined by RRB Chief Privacy Officer, he or she shall immediately contact the COR and report this occurrence (See Section IV for statutory requirements to safeguard privacy information during performance of contract duties as de-scribed above).

B. Hours of Performance and Provision of Experienced Substitute:

1. The basic "regular working" hours of Shipping and Receiving Operations or services shall be Monday through Fri-day between the hours of 7:00 am and 3:30 pm CST, except for Federal holidays. Federal holidays are included within the fixed price for any work month and are considered a non-work performance day. If the RRB desires the Contractor to perform services on a Saturday or a Federal Holiday, the RRB shall submit in advance a request to the Contractor for the performance of work on the Saturday or Federal holiday. The RRB shall modify the delivery order to fund the ser-vices at the hourly rate in the appropriate subCLIN’s designated AB for the applicable delivery order performance peri-od.

2. If assigned Contractor staffing personnel for any given reason will not be available for tour of work during the re-quired normal hours of operation, the Contractor shall notify the RRB’s Contracting Officer’s Representative (COR) no later than 6:00 a.m. on the day the staff will not be available to provide the services. The Contractor shall have trained and qualified substitute staff, who are experienced in and knowledgeable of the RRB site service requirements and points of service throughout the building, report to the RRB facility to provide the services by 7:00 a.m. that same day.

3. The RRB expects the majority of the work to be performed during normal working hours, however occasional work beyond normal duty hours may be needed. In the past that work outside normal duty hours has averaged 48 cumulative hours in a year. If work beyond 40 hours per week is needed, the RRB will do it’s best to notify the Contractor and the Contractor’s employee before 3:00 pm Central Time the business day prior. If the RRB has notified the Contractor be-fore 3:00 pm Central Time the business day prior, the Contractor must provide an employee for the RRB. If the RRB gives less notice, the Contractor, (or the Contractor’s employee) may accept or decline without any performance stand-ard penalty. The RRB shall notify the Contractor of the amount of extra hours worked the next business day after the work is performed. The RRB shall modify the delivery order to fund the extra hours of service in the appropriate AB subCLINS for the appropriate delivery order period of performance.

The only RRB personnel that can approve work beyond 40 hours per week are the COR (Mr. Pedro Borjas), or the Contracting Officer (Mr. Paul Ahern).

C. Site and Duties Orientation:

The Contractor’s staffing personnel shall meet with the COR to tour the work site and to explain the job duties within 5 business days from contract award, unless a different period is otherwise agreed to by the RRB. The Contractor’s per-sonnel will also receive a briefing on the handling of privacy information from the RRB’s Chief Privacy Officer.

D. Description of Shipping and Receiving Services:

The Contractor’s primary, and alternates as assigned, on-site staff shall provide the support services to perform basic shipping and receiving services for the RRB. The individual performing this function shall be capable of lifting objects weighing up to 80 pounds. [Other duties to be performed require a limited degree of training and/or experience.] Exper-ience in how to load and unload a truck, how to use a manual and/or electric jack, a dolly, appliance mover, or hand cart is gained through previous job experience or shall be provided through on-the-job training. The Contractor’s em-ployee shall be responsible for the accurate, timely and secure pick-up and delivery of all RRB claim folder tubs, the receipt, logging and delivery of all incoming Courier packages (or packages from similar carriers) to the appropriate person or agency organization, and the loading and unloading of delivery trucks either at the dock or curbside, when necessary.

E. Quality:

The RRB shall receive the quality of services specified in the support services delivery order only with the close co-ordination and active cooperation on a daily basis between the Contractor and the COR. The COR shall assess the Contractor’s quality of performance using the Supply Management Quality Assurance Plan (Section III.G.1.) on a

Document Number: 60RRBH18Q0013 PROCESSED Page 8 of 38 monthly basis to ensure accurate and timely support services.

F. Performance Standards:

The Contractor shall perform the work in compliance with the Performance Standards, as agreed to and contracted by the RRB. The performance standards shall serve as an outline of the shipping and receiving support services the Con-tractor shall provide the RRB. Guidelines for an acceptable level of work are detailed in Attachment B.

G. RRB Quality Assurance Plan - Evaluation Factors:

1. Quality of Service The COR shall randomly inspect Receiving log/stock requisition sheets, and boxes to ensure that the tasks are being done correctly and evaluate the performance of the services.

Poor – There are more than five deficiencies per month.

Fair – There are no more than four deficiencies per month.

Good – There are no more than two deficiencies per month.

Excellent – There are no deficiencies indicated for the month.

2. Customer Complaints The work performed by the shipping and receiving clerk shall also be evaluated by customer com-plaints. Customer complaints are a means by which deficiencies can be reported and serve as the basis for unsatisfactory or nonperformance of work. The COR shall record and attempt to validate each cus-tomer complaint received. Some complaints will be difficult to validate, but shall still be recorded and reviewed to determine if there is a trend or pattern of complaints in the delivery of Supply Management support services and the shipping and receiving services. Only complaints validated by the COR will be counted for performance purposes.

Poor – There are more than five deficiencies per month.

Fair – There are no more than four deficiencies per month.

Good – There are no more than two deficiencies per month.

Excellent – There are no deficiencies indicated for the month

3. Accurate, timely, and efficient shipping and receiving services are the primary goal of this delivery order. During the life of the delivery order, the COR shall prepare and retain administrative procedures such as inspection, document-ation, and retention of records which reflect contractor performance.

Unsatisfactory work, absenteeism, and tardiness is undesirable; therefore, if the contractor’s performance re-mains less than satisfactory and fails to adhere to the contract specifications, the contract may be canceled or terminated. The Government may also reprove these services from an alternate source and charge the contract-or for all costs incurred by the Government.

Quarterly meetings shall be held between the Contractor and/or their on-site representative and the COR. The purpose of these meetings will be to discuss the contractor’s performance areas of deficiencies, areas of satisfaction and tenant concerns.

If the Contractor is non-responsive, meetings and inspections shall be conducted more frequently. Once a more reliable service record is established, inspections and meetings with the contractor shall be reduced to previous levels.

H. Notification Time Period:

The Contractor shall provide two (2) weeks' notification to the government should assigned Contractor personnel be-come unable to complete any portion of the contract term. The Contractor shall submit resumes to the RRB for the re-placement personnel within 5 business days after the notification is received by the RRB.

I. Deductions for non-coverage:

The RRB anticipates this to be a full time position, 40 hours per week. If, for any reason, the Contractor’s employee works less than 8 hours in a workday, or the Contractor fails to provide a back-up employee on a scheduled work day, the Contractor shall calculate a percentage of the amount of hours that should have been worked for the month, and subtract that amount from the monthly bill. Federal Holidays shall not be considered non-coverage, and therefore, no deductions shall be made by the Contractor or the RRB for those days.

J. Railroad Retirement Board Furnished Equipment, Facilities, and Services:

The RRB shall furnish to the Contractor all equipment and staff support necessary for performance of the required ser-vices.

Document Number: 60RRBH18Q0013 PROCESSED Page 9 of 38

Section IV - General Terms and Conditions

52.239-1 Privacy or Security Safeguards (Aug 1996)

(a) The Contractor shall not publish or disclose in any manner, without the Contracting Officer's written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government.

(b) To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor's facilities, installations, tech-nical capabilities, operations, documentation, records, and databases.

(c) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party.

(End of clause)

52.224-1 Privacy Act Notification (Apr 1984)

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Viola-tion of the Act may involve the imposition of criminal penalties.

(End of clause)

52.224-2 Privacy Act (Apr 1984)

(a) The Contractor agrees to--

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, develop-ment, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies--

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcon-tract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or oper-ation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, devel-opment, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on indi-viduals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on in-dividuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c)(1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintain-ing the system of records, including the collection, use, and dissemination of records.

(2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular as-signed to the individual.

Document Number: 60RRBH18Q0013 PROCESSED Page 10 of 38

(End of clause)

52.222-17 Nondisplacement of Qualified Workers (May 2014)

(a) Service employee, as used in this clause, means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541. The term "service employee" includes all such persons regardless of any contractual relationship that may be alleged to exist between a con-tractor or subcontractor and such persons.

(b) The Contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those service employees em-ployed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of employment under this contract in positions for which the service employees are qualified.

(1) The Contractor and its subcontractors shall determine the number of service employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor Contractor employed in connection with performance of the work.

(2) Except as provided in paragraph (c) of this clause, there shall be no employment opening under this contract, and the Contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obliga-tion.

(i) The successor Contractor and its subcontractors shall make a bona fide express offer of employment to each service employee as provided herein and shall state the time within which the service employee must accept such offer, but in no case shall the period with-in which the service employee must accept the offer of employment be less than 10 days.

(ii) The successor Contractor and its subcontractors shall decide any question concerning a service employee's qualifications based upon the individual's education and employment history, with particular emphasis on the employee's experience on the predecessor contract, and the Contractor may utilize employment screening processes only when such processes are provided for by the contract-ing agency, are conditions of the service contract, and are consistent with Executive Order 13495.

(iii) Where the successor Contractor does not initially offer employment to all the predecessor contract service employees, the obliga-tion to offer employment shall continue for 90 days after the successor contractor's first date of performance on the contract.

(iv) An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held, but is one for which the employee is qualified, and even if it is subject to different employment terms and conditions, including changes to pay or benefits. (See 29 CFR 9.12 for a detailed description of a bonafide offer of employment).

(c)(1) Notwithstanding the obligation under paragraph (b) of this clause, the successor Contractor and any subcontractors (i) may em-ploy under this contract any service employee who has worked for the contractor or subcontractor for at least three months immedi-ately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (ii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Labor Standards statute, 41 U.S.C. 6701(3), and (iii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor whom the Contractor or any of its subcontractors reasonably believes, based on the particu-lar service employee's past performance, has failed to perform suitably on the job (see 29 CFR 9.12(c)(4) for additional information).

The successor Contractor bears the responsibility of demonstrating the appropriateness of claiming any of these exceptions.

(2) In addition, any Contractor or subcontractor that has been certified by the U.S. Small Business Administration as a HUBZone small business concern must ensure that it complies with the statutory and regulatory requirements of the HUBZone Program (e.g., it must ensure that at least 35 percent of all of its employees reside within a HUBZone). The HUBZone small business Contractor or subcontractor must consider whether it can meet the requirements of this clause and Executive Order 13495 while also ensuring it meets the HUBZone Program's requirements.

(3) Nothing in this clause shall be construed to permit a Contractor or subcontractor to fail to comply with any provision of any other Executive order or law. For example, the requirements of the HUBZone Program (see FAR subpart 19.13), Executive Order 11246 (Equal Employment Opportunity), and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 may conflict, in certain cir-cumstances, with the requirements of Executive Order 13495. All applicable laws and Executive orders must be satisfied in tandem with, and if necessary prior to, the requirements of Executive Order 13495, 29 CFR part 9, and this clause.

(d)(1) The Contractor shall, not less than 30 days before completion of the Contractor's performance of services on the contract, fur-nish the Contracting Officer with a certified list of the names of all service employees working under this contract and its subcontracts at the time the list is submitted. The list shall also contain anniversary dates of employment of each service employee under this con-tract and its predecessor contracts with either the current or predecessor contractors or their subcontractors. Where changes to the

Document Number: 60RRBH18Q0013 PROCESSED Page 11 of 38 workforce are made after the submission of the certified list described in this paragraph, the Contractor shall, in accordance with para-graph (e) of this clause, not less than 10 days before completion of the services on this contract, furnish the Contracting Officer with an updated certified list of the names of all service employees employed within the last month of contract performance. The updated list shall also contain anniversary dates of employment, and, where applicable, dates of separation of each service employee under the contract and its predecessor contracts with either the current or predecessor Contractors or their subcontractors.

(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcon-tractors or their authorized representatives.

(3) The Contracting Officer will direct the predecessor Contractor to provide written notice (Appendix B to 29 CFR chapter 9) to ser-vice employees of their possible right to an offer of employment with the successor contractor. Where a significant portion of the pre-decessor Contractor's workforce is not fluent in English, the notice shall be provided in English and the language(s) with which ser-vice employees are more familiar. The written notice shall be--

(i) Posted in a conspicuous place at the worksite; or

(ii) Delivered to the service employees individually. If such delivery is via email, the notification must result in an electronic delivery receipt or some other reliable confirmation that the intended recipient received the notice.

(e)(1) If required in accordance with 52.222-41(n), the predecessor Contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its sub-contracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor Contractors or their subcontractors. If there are no changes to the workforce before the predecessor contract is completed, then the predecessor Contractor is not required to submit a revised list 10 days prior to completion of performance and the requirements of 52.222-41(n) are met. When there are changes to the workforce after submission of the 30-day list, the predecessor Contractor shall submit a revised certified list not less than 10 days prior to performance completion.

(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcon-tractors or their authorized representatives.

(f) The Contractor and subcontractor shall maintain the following records (regardless of format, e.g., paper or electronic) of its compli-ance with this clause for not less than a period of three years from the date the records were created.

(1) Copies of any written offers of employment or a contemporaneous written record of any oral offers of employment, including the date, location, and attendance roster of any service employee meeting(s) at which the offers were extended, a summary of each meet-ing, a copy of any written notice that may have been distributed, and the names of the service employees from the predecessor contract to whom an offer was made.

(2) A copy of any record that forms the basis for any exemption claimed under this part.

(3) A copy of the service employee list provided to or received from the contracting agency.

(4) An entry on the pay records of the amount of any retroactive payment of wages or compensation under the supervision of the Ad-ministrator of the Wage and Hour Division to each service employee, the period covered by such payment, and the date of payment, and a copy of any receipt form provided by or authorized by the Wage and Hour Division. The Contractor shall also deliver a copy of the receipt to the service employee and file the original, as evidence of payment by the Contractor and receipt by the service employ-ee, with the Administrator or an authorized representative within 10 days after payment is made.

(g) Disputes concerning the requirements of this clause shall not be subject to the general disputes clause (52.233-1) of this contract.

Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 9. Disputes within the meaning of this clause include disputes between or among any of the following: The Contractor, the contracting agency, the U.S. Department of Labor, and the service employees under the contract or its predecessor contract. The Contracting Officer will refer any service employee who wishes to file a complaint, or ask questions concerning this contract clause, to the: Branch of Government Contracts Enforcement, Wage and Hour Division, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210.

Contact email: displaced@dol.gov.

(h) The Contractor shall cooperate in any review or investigation by the Department of Labor into possible violations of the provisions of this clause and shall make such records requested by such official(s) available for inspection, copying, or transcription upon re-quest.

(i) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the Contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be im-

Document Number: 60RRBH18Q0013 PROCESSED Page 12 of 38 posed and remedies invoked against the Contractor or its subcontractors, as provided in Executive Order 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law.

(j) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. However, if the Contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the Contractor may request that the United States, through the Secretary, enter into such litigation to protect the interests of the United States.

(k) The Contracting Officer will withhold, or cause to be withheld, from the prime Contractor under this or any other Government contract with the same prime Contractor, such sums as an authorized official of the Department of Labor requests, upon a determina-tion by the Administrator, the Administrative Law Judge, or the Administrative Review Board, that there has been a failure to comply with the terms of this clause and that wages lost as a result of the violations are due to service employees or that other monetary relief is appropriate. If the Contracting Officer or the Administrator, upon final order of the Secretary, finds that the Contractor has failed to provide a list of the names of service employees working under the contract, the Contracting Officer may, in his or her discretion, or upon request by the Administrator, take such action as may be necessary to cause the suspension of the payment of contract funds un-til such time as the list is provided to the Contracting Officer.

(l) Subcontracts. In every subcontract over the simplified acquisition threshold entered into in order to perform services under this contract, the Contractor shall include a provision that ensures--

(1) That each subcontractor will honor the requirements of paragraphs (b) through (c) of this clause with respect to the service em-ployees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor Contractor and its subcontractors;

(2) That the subcontractor will provide the Contractor with the information about the service employees of the subcontractor needed by the Contractor to comply with paragraphs (d) and (e) of this clause; and

(3) The recordkeeping requirements of paragraph (f) of this clause.

(End of clause)

52.212-3 Offeror Representations and Certifications--Commercial Items (Nov 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifica-tion electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision--

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic corporation un-der 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

Document Number: 60RRBH18Q0013 PROCESSED Page 13 of 38

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned busi-ness, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Document Number: 60RRBH18Q0013…