75D301 20 R 67980.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

75D301-20-R-67980

2. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

6/2/2020

PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUISITION/PURCHASE REQUEST NO.

0HCAJSBB-2020-43884

6. PROJECT NO.

P20151083/P20180685/P20191763

7. ISSUED BY CODE 8219 8. ADDRESS OFFER TO

Centers for Disease Control and Prevention (CDC)

Office of Acquisition Services (OAS)

2900 Woodcock Blvd, MS TCU-4

Atlanta, GA 30341-4004

9. FOR INFORMATION

CALL:

A. NAME

Dawn Redman B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(404) 498-3069

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

The Statement of Work, Specifications, and other documents describing the requirement are included in Section J of this Solicitation.

Project Title: Replace Life Safety and Laboratory Uninterruptible Power Supplies

Project Number: P20151083/P20180685/P20191763

Project Location: Centers for Disease Control and Prevention (CDC), Roybal Campus

NAICS Code: 238990; Size Standard $16.5 million

Set Aside: Women Owned Small Business

Contracting Officer’s Representative (COR): LaCurtis Banks

Contracting Officer: Dawn Redman

Block 12A: Bonds are not required until the Soliciation has been awarded.

11. The Contractor shall begin performance within 10 calendar days and complete it within 210 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. (See Section F.)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES,” indicate within how many calendar days after award in Item 12B.)

X YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and 3 copies to perform the work required are due at the place specified in Item 8 by

11:00am (hour) local time 7/6/2020 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time.

Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee X is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE

20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.)

Your offer on this solicitation is hereby accepted as to the items listed.

This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE

30C. DATE

31B. UNITED STATES OF AMERICA

BY

31C. AWARD

DATE

STANDARD FORM 1442 BACK (REV. 4-85)

Section B - Supplies Or Services And Prices/Costs

ITEM SUPPLIES / SERVICES QTY / UNIT UNIT PRICE EXTENDED PRICE

0001 Replace Bldg 17 Life Safety UPS

1 Lump Sum

0002 Replace Bldg 18 Life Safety UPS

0003 Replace Bldg 18 Lab UPS

0004 Replace Bldg 32 Life Safety UPS

0005 Replace Bldg 34 Life Safety UPS

There are no clauses/provisions included in this section.

Section C - Description/Specification/Work Statement

There are several locations at the Centers for Disease Control and Prevention (CDC), Roybal Campus, that require replacement of Life Safety and Laboratory uninterruptible power supplies (UPSs). These systems are at or nearing the end of service life as indicated by quarterly preventative maintenance testing reports and market research performed for replacement parts. Several UPS units are considered to be Life Safety, but do not conform to UL 924 or NFPA 101 requirements. These systems will require replacements, as they serve critical data, emergency, life safety, laboratory and general-purpose loads within the facility. Having an inappropriate UPS will directly affect the expected runtime and the ability to serve facility loads during an unplanned power outage.

Full Statement of Work (Attachment 1) is located in Section J of the solicitation.

Section D - Packaging And Marking

Section E - Inspection And Acceptance

FAR SOURCE TITLE AND DATE

52.246-12 Inspection of Construction (Aug 1996)

52.246-13 Inspection—Dismantling, Demolition, or Removal of Improvements (Aug 1996)

Section F - Deliveries Or Performance

F.1 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to –

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 210 days.* The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.2 Place of Performance

A. CDC Roybal Campus, 1600 Clifton Rd NE, Atlanta, GA 30329-4018

F.3 FAR 52.211-12 Liquidated Damages - Construction (Sep 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $471.00 or each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

Section G - Contract Administration Data

G.1 CDCA_G001 – Invoice Submission (Jul 2017)

(a) The Contractor shall submit the original contract invoice/voucher to the address shown below:

The Centers for Disease Control and Prevention

Office of Financial Resources (OFR)

P.O. Box 15580

Atlanta, GA 3033

Or – The Contractor may submit the original invoice via facsimile or email:

Fax: 404-638-5324

Email: FMOAPINV@CDC.GOV

NOTE: Submit to only one (1) of the above locations.

(b) The contractor shall submit 2 certified copies of the complete application for payment, invoice / voucher or progress payment package to the cognizant contracting office previously identified in this contract. These invoice copies shall be addressed to the attention of the Contracting Officer.

(c) The Contractor is , is not required to submit a copy of each invoice directly to the Contracting

Officer’s Representative (COR) concurrently with submission to the Contracting Officer.

(d) In accordance with 5 CFR part 1315 (Prompt Payment), CDC's Office of Financial Resources is the designated billing office for the purpose of determining the payment due date under FAR 32.904.

(e) The Contractor shall include (as a minimum) the following information on each invoice:

(1) Contractor’s Name & Address

(2) Contractor’s Tax Identification Number (TIN)

(3) Purchase Order/Contract Number and Task Order Number, if Appropriate

(4) Invoice Number

(5) Invoice Date

(6) Contract Line Item Number and Description of Item

(7) Quantity

(8) Unit Price & Extended Amount for each line item

(9) Shipping and Payment Terms

(10) Total Amount of Invoice

(11) Name, title and telephone number of person to be notified in the event of a defective invoice

(12) Payment Address, if different from the information in (c) (1).

(13) DUNS + 4 Number

(14) Electronic funds transfer (EFT) banking information mailto:FMOAPINV@CDC.GOV

G.2 CDC0_G008 Contracting Officer’s Representative (COR) (Jul 2017)

Performance of the work hereunder shall be subject to the technical directions of the designated COR for this contract.

As used herein, technical directions are directions to the Contractor which fill in details, suggests possible lines of inquiry, or otherwise completes the general scope of work set forth herein. These technical directions must be within the general scope of work, and may not alter the scope of work or cause changes of such a nature as to justify an adjustment in the stated contract price/cost, or any stated limitation thereof.

In the event that the Contractor believes full implementation of any of these directions may exceed the scope of the contract, he or she shall notify the originator of the technical direction and the Contracting Officer, immediately or as soon as possible, in a letter or e-mail separate of any required report(s). No technical direction, nor its fulfillment, shall alter or abrogate the rights and obligations fixed in this contract.

The Government COR is not authorized to change any of the terms and conditions of this contract. Contract changes shall be made only by the Contracting Officer by properly written modification(s) to the contract.

The Government will provide the Contractor with a copy of the COR delegation memorandum upon request.

G.3 CDCP_G009 Contracting Officer (Jul 1999)

(a) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract.

(b) No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States

Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

G.4 Applicable Davis-Bacon Wages (Jul 1999)

The attached General Decision No. GA20200126, dated 01/30/2020, specifies hourly rates of wages that shall be paid to laborers and mechanics employed or working at the site of the work, as defined in FAR 22.401. These rates have been determined by the Secretary of Labor in accordance with the provisions of the Davis-Bacon Act.

G.5 CDC0_G018 Payment by Electronic Funds Transfer (Feb 2018)

(a) The Government shall use electronic funds transfer to the maximum extent possible when making payments under this contract. FAR 52.232-33, Payment by Electronic Funds Transfer –System for Award Management, in

Section I, requires the contractor to designate in writing a financial institution for receipt of electronic funds transfer payments.

(b) In the case that EFT information is not within the System of Award Management, FAR 52.232-34 requires mandatory submission of Contractor’s EFT information directly to the office designated in this contract to receive that information (hereafter: “designated office”); see below. The contractor shall submit the EFT information within the form titled “ACH Vendor/Miscellaneous Payment Enrollment Form” to the address indicated below. Note: The form is either attached to this contract (see Section J, List of Attachments) or may be obtained by contacting the

Contracting Officer or the CDC Office of Financial Resources at 678-475-4510.

(c) In cases where the contractor has previously provided such information, i.e., pursuant to a prior contract/order, and been enrolled in the program, the form is not required unless the designated financial institution has changed.

(d) The completed form shall be mailed after award, but no later than 14 calendar days before an invoice is submitted, to the following address:

The Centers for Disease Control and Prevention

Office of Financial Resources (OFR)

P.O. Box 15580

Atlanta, GA 30333

Or – Fax copy to: 404-638-5342

G.6 CDCA.G021 Applicable Davis-Bacon Wages (Jul 1999)

The attached General Decision No. GA20200126, dated 01/31/2020, specifies hourly rates of wages that shall be paid to laborers and mechanics employed or working at the site of the work, as defined in FAR 22.401. These rates have been determined by the Secretary of Labor in accordance with the provisions of the Davis-Bacon Act.

Section H - Special Contract Requirements

H.1 CDCA_H009 Key Personnel (Jul 2017)

The key personnel cited below are considered essential to the work performed under the contract. Pursuant to the terms of HHSAR Clause 252.237-75, Key Personnel, the Contractor shall not replace or divert any of these individuals without the written consent of the Contracting Officer.

NAME TITLE COMPANY

H.2 CDCA.H017 Availability and Use of Utility Services (Jul 1999)

In accordance with FAR 52.236-14, Availability and Use of Utility Services, the following utility services will be made available under the contract:

Water: Not Applicable.

Electricity: Contractor may only use Government receptacles with the permission of the Contracting Officer’s

Representative. Government will pay cost of electricity used. Contractor shall exercise measures to conserve electricity. All costs associated with temporary electricity service, unless noted above, shall be paid by Contractor.

Gas: Not Applicable.

Restroom Access: Contractor may only use restrooms in the buildings in which the Contractor is working under this contract.

Waste Disposal: All trash and debris shall be removed from site daily. Contractor is not to use CDC dumpsters for carpet debris.

H.4 CDCA.H018 Minimum Required Insurance (Jul 1999)

In accordance with FAR 52.228-5, Insurance, Work on a Government Installation, incorporated by reference in

Section I, the Contractor shall furnish a certificate of insurance of the following types and minimum amounts which shall be obtained and maintained during the entire period of performance of this contract:

(a) Workman’s Compensation and Employees Liability Insurance - as specified by applicable statute, but not less than $100,000;

(b) General Liability Insurance - Bodily Injury Liability - $500,000 per occurrence;

(c) Automobile Liability Insurance - $200,000 per person, $500,000 per occurrence bodily injury; $20,000 per occurrence property damage.

NOTE: IF WORK UNDER THIS CONTRACT INCLUDES ASBESTOS ABATEMENT, THE INSURANCE

COVERAGE CERTIFICATE SHALL INCLUDE A STATEMENT THAT CARRIER UNDERSTANDS THIS

PROJECT INCLUDES ASBESTOS ABATEMENT WORK.

H.5 CDC0_H022 Smoke Free Working Environment (May 2009)

In compliance with Department of Health and Human Services (DHHS) regulations, all contractor personnel performing work within CDC/ATSDR facilities shall observe the CDC/ATSDR smoke-free working environment policy at all times. This policy prohibits smoking in all CDC/ATSDR buildings and in front of buildings which are open to the public. This policy is also applicable to contractor personnel who do not work full-time within

CDC/ATSDR facilities, but are attending meetings within CDC/ATSDR facilities.

H.6 CDCA.H037 Observance of Legal Holidays and Administrative Leave (Government Facilities

Performance) (Feb 2011)

(a) Holidays

Government personnel observe the following listed days as holidays:

Washington's Birthday

Memorial Day

Independence Day

Labor Day

Veterans' Day

Thanksgiving Day

Christmas Day

New Year's Day

Columbus Day

Martin Luther King Day

Any other day designated by Federal Statute

Any other day designated by Executive Order

Any other day designated by Presidential proclamation

For purposes of contract performance, the Contractor shall observe the above holidays on the date observed by the

Government. Observance of such days shall not be cause for an additional period of performance or entitlement to compensation except as otherwise set forth in the contract. No form of holiday or other premium compensation will be reimbursed, however this does not preclude reimbursement for overtime work authorized in writing by the

Contracting Officer.

(b) Unscheduled Facility Closures

In the event Government facilities are closed due to inclement weather, potentially hazardous or unsafe conditions, or other special circumstances, contractor personnel assigned to work within those facilities are automatically dismissed. Notwithstanding the terms of this clause, the contractor shall comply with any specific contract terms that require a level of ongoing support for critical operations during times of facility closure. The contractor may also continue to provide support under a scheduled telework arrangement in accordance with the terms of the contract if the contract expressly authorizes telework in writing.

(c) Cost Impact

Accounting for costs associated with an unscheduled facility closure is unique to each contract and depends upon a number of factors such as:

i) Contract type, e.g. Fixed Price, Time and Materials, or Cost Reimbursement.

ii) Contractor's established management and accounting practices for unproductive time.

iii) The inclusion and applicability of other contract clauses.

iv) The ability of the contractor to mitigate costs by reassigning employees to work on other contracts, to work from a different facility, or to work remotely from home in accordance with contract telework provisions.

H.7 CDC42.0002 Evaluation of Contractor Performance Utilizing CPARS (Apr 2013)

In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of contractor performance and submit them to the Past Performance Information Retrieval System (PPIRS). The CDC utilizes the

Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to prepare and report these contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR

15.304 where past performance is an evaluation factor.

The CPARS system requires a contractor representative to be assigned so that the contractor has appropriate input into the performance evaluation process. The CPARS contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS contractor representative will also have the opportunity to add comments to performance evaluations.

The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to: www.cpars.gov for details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how Contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website.

The contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The contractor must maintain a current representative to serve as the contractor representative in CPARS. It is the contractor’s responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations.

H.8 52.204-2 Security Requirements (Aug 1996)

1. (a) This clause applies to the extent that this contract involves access to information classified

“Confidential,” “Secret,” or “Top Secret.”

2. (b) The Contractor shall comply with-

a. (1) The Security Agreement ( DDForm441), including the National Industrial Security

Program Operating Manual (DoD 5220.22-M); and

b. (2) Any revisions to that manual, notice of which has been furnished to the Contractor.

3. (c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

4. (d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph(d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

Alternate II (Apr1984).

(e) The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting

Officer. All prescribed identification shall immediately be delivered to the Contracting Officer, for cancellation upon the release of any employee. When required by the Contracting Officer, the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project.

H.9 Security Clearance Requirements (Construction)

(a) Definitions.

“Employees” means both contractor and subcontractor employees unless otherwise noted:

The phrase “CDC owned or leased facilities" includes ATSDR, NIOSH/PRC/Pittsburgh, Pa.; NIOSH/Morgantown, W.V.; NIOSH/SRC/Spokane, WA.; NIOSH/Cincinnati, Ohio; NCHS/Research Triangle Park, N.C.;

NCHS/Hyattsville, Md.; NCID/Fort Collins, Co.; NCID/Anchorage, AK,; and NCID/San Juan, Puerto Rico.

(b) Background and Introduction:

These requirements provide information and instructions regarding CDC security clearance procedures for

Contractor employees working on CDC property in a contract status. These requirements apply to construction contract work performed at all CDC owned or leased facilities.

(c) General Requirements and Criteria:

It is the policy of CDC that all Contractor employees who will be performing construction projects on-site shall comply with the applicable security clearance(s) outlined below:

After contract award, but prior to starting on-site work, each Contractor employee shall have received a “Temporary

Suitability Determination” clearance from the Contracting Officer. To obtain this clearance, the Contractor shall obtain and provide to the Contracting Officer a statewide criminal records check report from the employee's state of residence. Any temporary clearance or refusal to grant such a clearance, after review of the criminal records check will be confirmed in writing by the Contracting Officer.

EXCEPTION:

The Contracting Officer may make an exception to the temporary clearance requirement, provided that all three of the following criteria are met:

Contractor employees are accompanied at all times by a previously cleared (temporary and/or NACI) Supervisor of the prime Contractor.*

The Contractor employees will not be on-site for more than 90 days.

The Contractor employee(s) will not be performing work in a "High Security" area. **

* If full-time supervision of employees not having undergone a favorable Temporary Suitability Determination cannot be guaranteed to the Government, Contractor employees will not be permitted on site. In addition, if at any time such Contractor employees are observed in an unsupervised status, they will be removed from the site immediately. These Contractor employees must at all times be escorted and/or supervised while performing their work in and around CDC buildings. Escort and/or supervision activities are be the responsibility of the Contractor, however, the Government may elect to provide escort services for Contractor employees.

** There are several facilities and areas at CDC’s metro Atlanta facilities that are designated as “High Security” areas. These are the Clifton Road Buildings 10, 15, and 17; Chamblee campus Buildings 14 and 15; all low-level radiation laboratories and gamma cell rooms; and the Lawrenceville campus in its entirety.

Individuals expected to be on-site in excess of 45 days in the "High Security" areas and 90 calendar days in all other locations shall receive both the temporary suitability as well as the full suitability determination/clearance, which is the more comprehensive NACI (“National Agency Check and Inquiry”) clearance. Radiation safety training will be provided by the Government and must be attended prior to working in radiation work areas.

NOTE: The granting of the temporary determination is not automatic assurance that the full suitability determination will follow. In addition, the granting of favorable temporary determination shall in no way prevent, preclude or bar the withdrawal or termination of any temporary determination.

All information on procedures for obtaining the temporary clearance determination and NACI will be provided by the Contracting Officer; however, all responsibility and cost for obtaining and submitting these documents to the

Contracting Officer shall be borne solely by the Contractor. In addition, no damages for delay shall be incurred by the Government as a result of conditions resulting in delay by the Contractor in obtaining required clearance(s) for any proposed employee.

The Contractor shall be responsible for managing its workforce to ensure that adequate numbers of employees having received favorable temporary suitability determinations/clearances are available to perform all work required by the contract, with the work to be performed on time and on schedule. New or replacement employees hired during performance and who also will be on-site at a CDC facility shall have received security clearances prior to reporting to work at the construction site.

NOTE: Contractor employees cleared through this process while previously employed on another CDC contract shall be required to receive a current favorable suitability determination if over a year has elapsed since the previous clearance.

(d) Levels of Security:

For purposes of CDC construction contracts, there are three types of security requirements, any or all of which could be applicable to Contractor employees during the contract. These are:

(1) CONTRACTOR’S INTERNAL PLAN: For contracts in which the entire construction area can be enclosed and contained in a surrounding fenced-in area, the Contractor shall submit a proposed internal security plan of how work at the site as well as access to and from the site will be controlled and restricted during the entire performance period. The plan, which shall be subject to approval by the Contracting Officer prior to issuance of the Notice to

Proceed, shall address in detail such issues as: How the area will be secured, e.g., type and height of fencing, proposed entrance(s), employee and vehicle badging/identification systems, how material and supply deliveries will be coordinated, and how information regarding the plan is to be disseminated to employees and subcontractor employees.

If the entire project can be performed in a totally physically self-contained area, within the parameters of the contractor’s approved internal plan, the temporary and full suitability determinations will not be required.

(2) LOCAL RECORDS CHECK: Contractors who cannot satisfy the exception requirements outlined in Paragraph

B and whose employees will be working on-site in areas that cannot be contained and for which a Contractor internal plan would not be workable shall obtain and submit to the Contracting Officer the aforementioned statewide criminal records check report on each proposed employee. The Contractor shall also obtain a state-wide motor vehicle violations check for any employee required to operate a motor vehicle as part of his/her duties under the contract.

NOTE: Direct charges from the law enforcement agencies providing this background check information shall be borne by the Contractor.

(3) NACI (“National Agency Check and Inquiry”). In addition to the local criminal records check, for contractor employees expected to be on-site in excess of 45 days in High Security areas and 90 days in all other areas, the full suitability determination, or NACI, will also be required. The NACI report is a national criminal records check and background investigation. The necessary forms and application will be furnished by the Contracting Officer.

NOTE: if over one (1) year has elapsed since a Contractor employee has been employed in a position under a

Federal contractor for which a security clearance was required, a new National Agency Check and Inquiry (NACI) application must be submitted.

(e) Required NACI Documentation to Be Submitted:

For Contractor employees expected to be on-site in excess of 45 days in the High Security areas or 90 days in the other areas, the Contractor shall submit completed copies of the forms listed below to the Contracting Officer.

These forms shall be submitted not later than five calendar days after receipt of Notice to Proceed, or, in the case of replacement employees, within five days after receipt of temporary suitability determination.

(1) one (1) completed Form FD-258, "FBI Fingerprint Charts"***

(2) one (1) completed Standard Form 85, "Questionnaire for Non-Sensitive Positions" one (1) completed "Declaration for Enrollment" form

(4) one (1) completed resume or curriculum vitae or job application form

(5) one (1) copy of the statewide criminal records check

(6) one (1) copy of the motor vehicle violations check (when applicable)

*** The CDC, Human Resource Management Offices (HRMO) have the necessary equipment to complete fingerprint charts (FD-258). The Contractor may contact the Contracting Officer for arrangements regarding utilization of the HRMO fingerprinting equipment. The fingerprint charts may also be completed through a local state, county or city law enforcement agency at the employee’s place of residence.

Using the required information specified above, a National Agency Check and Inquiry (NACI) will be processed by the CDC through the Federal Office of Personnel Management and the Federal Bureau of Investigations (OPM/FBI) on each contract employee who will be performing duties on-site. The cost of processing the NACI report and all related paperwork will be absorbed by the Government.

(f) Removal of Contractor Employees

The Contracting Officer may request the Contractor to immediately remove any employee from the on-site facility who has failed to receive a suitability determination, whose continued employment is deemed contrary to the public interest, inconsistent with the potential threat to the health, safety, security, general well-being or operational mission of the on-site facility and its population.

The Contracting Officer may also request the Contractor to immediately remove any Contractor employee from the on-site facility should it be determined that the individual(s) have been assigned to duty who have been disqualified for suitability reasons, or who are found to be unfit for performing duties during their tour(s) of duty. Contractor employees who are requested to be removed from the on-site facility shall be required to leave the work site immediately.

The Contracting Officer will make all determinations regarding the removal of any Contractor employee from the on-site facility, except under certain conditions. When a Contracting Officer is not available, either during the day or after normal business hours, or in situations where a delay would not be in the best interest of the Government, or a potential threat to the health, safety, security, general well-being or operational mission of the facility and its population, the Project Officer will have the authority to direct immediate removal of the Contractor employee from the on-site facility. The Contracting Officer shall subsequently provide the official notification to the Contractor for removal of a contract employee from the CDC facility. When removal is directed due to a nonsuitability determination as a result of the NACI, no further information will be provided. If removal is directed for other reasons relating to specific conduct of the employee during performance of the work, the Contracting Officer’s official notification will provide information as to these reasons.

(g) Identification Badges/Cardkey Access:

(1) IDENTIFICATION BADGES: Except in situations in which the Contractor’s badging procedures are outlined in an approved internal security plan, the Contractor will comply with the provisions of this paragraph as follows:

The Contractor shall require each Contractor employee who has been authorized access to an on-site facility to display an identification badge as required and furnished by the CDC.

The Contractor shall submit to the Project Officer a completed Identification Badge Request Form (CDC Form

0.1137) for each Contractor employee who has been authorized access to an on-site facility, and follow the instructions of the Project Officer as to processing procedures.

(2) CARDKEY ACCESS: Access to certain CDC facilities may only be gained through the use of a Cardkey. If a

Contractor employee has been determined to need regular access to one of the Cardkey access designated areas, a current Cardkey Request Form (CDC Form 0.834) must be completed and submitted to the Project Officer for approval. The Project Officer will provide additional processing instruction as needed.

(3) HARD KEY ACCESS: Access to many on-site facilities can only be gained through the use of hard keys

(standard door keys). To request issuance of hard keys, the contractor shall provide the Project Officer with the employee’s name, SSN, the building and room number for which access is requested and a short justification of need.

(4) RETURN OF IDENTIFICATION/CARDKEY BADGES: The Contractor shall return any employee identification badges and/or cardkeys immediately upon separation of duties at the on-site facility. The items shall be delivered only to the Project Officer.

Final payment shall be withheld in the amount of $500.00 for each badge or cardkey issued until all badges and cardkeys are returned to CDC Security. The Project Officer shall be responsible for monitoring this activity.

H.10 Problem Resolution

The contractor shall bring problems, or potential issues, affecting performance to the attention of the Contracting

Officer’s Representative (COR) and Contracting Officer. Verbal reports shall be followed up with written reports when directed. This notification shall not relive the contractor of its responsibility to correct problems for which they are responsible. The contractor shall work cooperatively with the Government to resolve issues as they arise.

H.11 Disclosure of Information

Information made available to the contractor by the Government for the performance of this contract shall be used only for those purposes and shall not be used in any other way without he written agreement of the Contracting

Officer. The contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each contractor or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

H.12 Personal Services

This contract is not being used to procure personal services prohibited by the Federal Acquisition Regulation (FAR)

Part 37.104 titled “Personal Services Contract.”

H.13 CDC 37.0001 Non-Personal Services (Apr 2015)

(a) Personal services shall not be performed under this contract. Although the Government may provide sporadic or occasional instructions within the scope of the contract, the Contractor is responsible for control and supervision of its employees. If the Contractor (including its employees) believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

(b) The contractor shall comply with, and ensure their employees and subcontractors comply with, CDC Policy titled “Identification of Contractors' Employees and Safeguarding Government Information.” No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. . The contractor is limited to performing the services identified in the contract statement of work and shall not interpret any communication with anyone as a permissible change in contract scope or as authorization to perform work not described in the contract.

All contract changes will be incorporated by a modification signed by the Contracting Officer.

(c) The Contractor shall ensure that all of its employees and subcontractor employees working on this contract are informed of the substance of this clause. The Contractor agrees that this is a non-personal services contract; and that for all the purposes of the contract, the Contractor is not, nor shall it hold itself out to be an agent or partner of, or joint venture with, the Government. The Contractor shall notify its employees that they shall neither supervise nor accept supervision from Government employees. The substance of this clause shall be included in all subcontracts at any tier.

(d) Nothing in this clause shall limit the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept or reject the services performed under this

H.14 Privacy Act

Work on this project may require that personnel 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.

H.15 Subcontractors:

The contractor shall submit a Subcontracting Plan with their proposal if subcontractors are part of the proposed solution. The Contractor shall maintain an up-to-date list of all subcontractors working on the contract and provide it to the CO and COR as requested. Only prime contract staff can serve in leadership and lead positions and the prime is to be responsible for all sub contractor actions or inactions in order to enforce the contract.

H.16 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (Jan

2017)

(Contract Clause)

(a) Definitions. As used in this clause–

“Internal confidentiality agreement or statement” means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

“Subcontract” means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

“Subcontractor” means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%202_1.html#wp1145507

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form

312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information

Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the

Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

H.17 HHSAR 352.239-74 Electronic and Information Technology Accessibility (December 2015)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce

Investment Act of 1998, all electronic and information technology (EIT) supplies and services developed, acquired, or maintained under this contract or order must comply with the “Architectural and Transportation Barriers

Compliance Board Electronic and Information Technology (EIT) Accessibility Standards” set forth by the

Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR part

1194. Information about Section 508 is available at http://www.hhs.gov/web/508. The complete text of Section 508

Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

(b) The Section 508 accessibility standards applicable to this contract or order are identified in the Statement of

Work or Specification or Performance Work Statement. The contractor must provide any necessary updates to the submitted HHS Product Assessment Template(s) at the end of each contract or order exceeding the simplified acquisition threshold (see FAR 2.101) when the contract or order duration is one year or less. If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

(c) The Section 508 accessibility standards applicable to this contract are:

All areas are identified in the specification sheets provided in the attachments.

(Contract staff must list applicable standards)

(d) In the event of a modification(s) to this contract or order, which adds new EIT supplies or services or revises the type of, or specifications for, supplies or services, the Contracting Officer may require that the contractor submit a completed HHS Section 508 Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards.

Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found under Section 508 policy on the HHS website: (http://www.hhs.gov/web/508). If it is determined by the Government that EIT supplies and services provided by the Contractor do not conform to the described accessibility standards in the contract, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the Contractor at its own expense.

https://www.hhs.gov/web/508 http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards http://www.ecfr.gov/cgi-bin/text-idx?node=pt48.1.2#se48.1.2_1101 https://www.hhs.gov/web/508

(e) If this is an Indefinite Delivery contract, a Blanket Purchase Agreement or a Basic Ordering Agreement, the task/delivery order requests that include EIT supplies or services will define the specifications and accessibility standards for the order. In those cases, the Contractor may be required to provide a completed HHS Section 508

Product Assessment Template and any other additional information necessary to assist the Government in determining that the EIT supplies or services conform to Section 508 accessibility standards. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found at http://www.hhs.gov/web/508. If it is determined by the Government that EIT supplies and services provided by the

Contractor do not conform to the described accessibility standards in the provided documentation, remediation of the supplies or services to the level of conformance specified in the contract will be the responsibility of the

Contractor at its own expense.

H.18 Non-Disclosure Agreement for Contractor and Contractor Employees (Mar 2006)

(a) The contractor shall prepare and submit a Non-Disclosure Agreement (NDA) to the Contracting Officer prior to access of government information or the commencement of work at CDC.

(b) The NDA made part of this clause, Exhibit I and II , is required in service contracts where positions and/or functions proposed to be filled by contractor’s employees will have access to non-public and procurement-sensitive information. The NDA also requires contractor’s employees properly identify themselves as employees of a contractor when communicating or interacting with CDC employees, employees of other governmental entities (when communication or interaction relates to the contractor’s work with the CDC), and members of the public. The Federal Acquisition Regulation (FAR) 37.114 (c), states “All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials, unless, in the judgment of the agency, no harm can come from failing to identify themselves. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.”

(c) The Contractor shall inform employees of the identification requirements by which they must abide and monitor employee compliance with the identification requirements.

(d) During the contract performance period, the Contractor is responsible to ensure that all additional or replacement contractors’ employees sign a NDA and it is submitted to the Contracting Officer prior to commencement of their work with the CDC.

(e) Contractor employees in designated positions or functions that have not signed the appropriate NDA shall not have access to any non-public, procurement sensitive information or participate in government meeting where sensitive information maybe discussed.

(f) The Contractor shall prepare and maintain a current list of employees working under NDAs and submit to the Contracting Officer upon request during the contract period of performance. The list should at a minimum include: contract number, employee’s name, position, date of hire and NDA requirement.

https://www.hhs.gov/web/508

EXHIBIT I

Centers for Disease Control and…