12_-_FINAL_Solicitation.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

CSB

Washington DC 20006

SUITE 910

1750 PENNSYLVANIA AVE NW

CSB

CODE 16. ADMINISTERED BYCODE

X

X

512110

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORCSB

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

SMALL BUSINESS

08/17/2018 1700 ET

08/03/2018

AMY DRIVER

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

95315818Q0004

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 3 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Washington DC 20006 Suite 910

1750 PENNSYLVANIA AVE NW

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$32.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

US Chemical Safety Board

EDWOSB

NAICS:

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Computer-Generated Video Animation

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR

12.6. This announcement constitutes the only

solicitation, and quotes are being accepted.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-98.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

AMY M. DRIVER

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

x x

CSB

1750 Pennsylvania Ave., NW Suite 910 Washington, DC 20006

8/3/2018

McCormickA Rectangle

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This action is a set-aside 100% for a small business. An offeror must be actively registered in the System for Award Management (www.sam.gov) as a small business at the time of quote submission to accept an award.

The Government intends to award up to two (2)

Indefinite Delivery Indefinite Quantity (IDIQ) contracts with task orders for multiple video products based on firm-fixed prices for individual video projects. The award make an award based on best value to the Government.

There is a minimum order limitation of $5,000.00 in the base year of the contract for each contract recipient, and a maximum order limitation of $500,000.00 in the base year of the contract.

Offerors are required to provide firm fixed daily rate in the attached pricing sheet for one base year and four option years. Failure to complete the pricing sheet may result in the quote being considered as non-responsive.

The Government intends to make an award without negotiations but reserves the right to conduct negotiations should the need arise.

Period of Performance: 09/01/2018 to 08/31/2023

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

3 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

95315818Q0004

0001 Computer-Generated Video Animation

Period of Performance: 09/01/2018 to 08/31/2019

0002 Computer-Generated Video Animation

Option Year 1

(Option Line Item)

Period of Performance: 09/01/2019 to 08/31/2020

0003 Computer-Generated Video Animation

Option Year 2

(Option Line Item)

Period of Performance: 09/01/2020 to 08/31/2021

0004 Computer-Generated Video Animation

Option Year 3

(Option Line Item)

Period of Performance: 09/01/2021 to 08/31/2022

0005 Computer-Generated Video Animation

Option Year 4

(Option Line Item)

Period of Performance: 09/01/2022 to 08/31/2023

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

52.212-1 Instructions to Offerors - Commercial Items. (SEP 2018)

Failure to submit any of the requested information or follow any of the stated guidelines will result in the proposal being determined technically unacceptable without being evaluated. This contract is being set aside for small businesses. Offerors must be registered in the System for Award Management (www.sam.gov) as a small business at the time of proposal submission.

Only questions received by the government to the attention of Amy McCormick at contracts@csb.gov by 5:00 pm ET on Friday, August 10, 2018 will be answered.

Only proposals received by the government to the attention of Amy McCormick Driver at contracts@csb.gov or in hard copy to 1750 Pennsylvania Ave., NW, Suite 910, Washington, DC 20006 by 5:00 pm ET on Friday, August 17, 2018 will be evaluated.

The government anticipates that negotiations will be required but reserves the right to make an award without negotiations.

An offeror must submit each of the following as part of a complete proposal package.

Each section (a, b, c) must be independent of one another and there must be no duplication of information anywhere.

The total written proposal package including cover page, pricing proposal, and written non-price proposal may not exceed 25 pages in length. Therefore, the proposal package must contain 1-25 written pages (single or double spaced, 10-point font minimum) and 3 animations.

a) Cover Page – Including the following information at minimum.

1. Company Name as it appears in SAM.gov

2. Company DUNS Number

3. Company Point of Contact (POC) for this acquisition including name, title, phone number, and email

b) Price Proposal – daily rate for base year and four option years

c) Non-Price Proposal

1. Technical Approach

2. Quality Assurance Plan

3. 3 Sample Animations with Related Descriptions http://www.sam.gov/ mailto:contracts@csb.gov

52.212-2 Evaluation - Commercial Items. (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

• Technical Capabilities & Experience

• Quality Assurance Plan

• Sample Animations

The quality and relevance of sample animations are significantly more important than all other non-price evaluation factors and price. The Contracting Officer will use the technical merits of each proposal and the price to determine the successful offeror. As technical merit becomes more equal, price may be the deciding factor. As the price becomes more equal, technical merit may be the deciding factor. The technical evaluation team will determine the technical merits of each proposal and provide a written summary of the evaluation results to the Contracting Officer. The Contracting Officer will determine what trade-off between technical merit and price promises the greatest value to the government.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Price Proposal:

• Provide a firm fixed daily rate for animation services for one (1) base and four

(4) option years based on the level of effort required to complete video projects. The pricing must be entered on the form provided.

Non-Price Proposal Evaluation Factors:

• Technical Approach & Experience. The offeror shall provide a detailed action plan for carrying out the services as described in the PWS. This plan must demonstrate how the offeror will use sound business practices, qualified personnel, in-depth knowledge and experience, and communication skills to carry out the tasks listed in the PWS. The technical approach will be evaluated based on logic, efficiency, organization, and the demonstration of the offeror’s ability to effectively perform services and help the CSB achieve its goals. The technical approach should detail the offeror’s experience developing highly technical animations of scientific and/or industrial environments that include movement of liquids and gases, fires and explosions, and blast waves.

• Quality Assurance Plan: The offeror shall provide a detailed plan for ensuring that services are performed to the highest level of quality possible and how performance problems will be resolved. The plan will be evaluated based on the offeror’s demonstration that they can efficiently deliver quality services and effectively resolve problems in a timely business manner.

• Sample Animations: An integral component of the offeror’s proposal will be the submission of sample animations that recreate complex, highly technical, chemical processes and/or industrial accident sites based on technical reports, accident photographs, engineering drawings and schematics, and witness accounts. The offeror must provide three (3) sample animations that the offeror has previously produced, as described below. Each video must include sequences of computer-generated animation that depict complex industrial chemical processes. Each video must be provided in a digital format. Each video must comply with the specified time requirements and include the components outlined below:

Sample Animation Length Features Animation 1 2-10 minutes Complex industrial environment with highly detailed process units with at least three characters with lifelike movement and a vehicle

Animation 2 2-10 minutes Large area depicting the movement of liquid and/or gas including the isolation of a specific process unit;

should demonstrate ability to zoom in on specific unit and rotate frame 360 degrees to provide varying perspectives

Animation 3 2-10 minutes Industrial environment with a large fire that spreads and/or an explosion that includes a blast wave

Offerors may only submit sample animations for which they were primarily responsible for overall project management and production of the animations.

The same animation may not be submitted to meet the requirement of more than one sample. The animations will be evaluated based on ability to meet the requirements described in the “Features” column above and overall quality. Overall quality includes technical accuracy, the quality of special video effects, the ability to isolate and focus on highly detailed objects that are components of a larger environment, and overall clarity of communication to audiences ranging from technical subject matter experts to workers in industrial facilities to Government officials.

• Sample Animation Descriptions: Each animation must have an accompanying written description of the animation purpose, the dates of production (including total number of days required to complete), the specific role of the offeror in the production of the video, the contact information (phone number and email address) for the client, and the total cost of the animation. The descriptions must be clearly marked and easily matched to the sample animations above. These descriptions will not be evaluated independently and only used to assist in the evaluation of the animations.

Weights to be Given to the Evaluation Criteria

(a) Technical Capabilities & Experience 15

(b) Quality Assurance Plan 10

(c) Sample Animations and Descriptions 50

(d) Price Proposal 25

TOTAL WEIGHT POINTS AWARDED 100

Pricing Sheet

To be completed by the offeror – proposal will not be evaluated without pricing sheet.

Period of Performance Daily Rate

Base Year

Option Year 1

Option Year 2

Option Year 3

Option Year 4

PERFORMANCE WORK STATEMENT (PWS)

3D COMPUTER ANIMATION SERVICES

August 2018

BACKGROUND

The U.S. Chemical Safety Board (CSB) is an independent, non-regulatory, federal agency with the mission to investigate chemical accidents and recommend actions to prevent future accidents — protecting workers, the public, and the environment. The agency was authorized by Congress in the Clean Air Act Amendments of 1990 and was first funded in 1998. The CSB’s independent, scientific investigations bolster efforts by government, industry, labor, and communities to prevent chemical accidents. The CSB’s mission is accomplished through three strategic goals, outlined in the agency’s Strategic Plan for fiscal years 2017-2021:1

• Prevent recurrence of significant chemical incidents through independent investigations;

• Advocate safety and achieve change through recommendations, outreach and education; and

• Create and maintain an engaged, high-performing workforce.

The CSB conducts research, makes recommendations to industry and labor on actions they should take to improve safety. The CSB also makes recommendations to local, state, and federal agencies such as the U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA), the key federal entities regulating industries using chemicals.

OBJECTIVE

The objective of this solicitation is to obtain the services of a Contractor who can create 3D computer animation of highly technical chemical processes, accident recreations, and lifelike characters. The animations will be used to help members of the public understand complex chemical processes and technologies. The animations will be used to recreate chemical accidents based on photos, schematics and witness testimony provided by the CSB’s video producer and investigation team.

SCOPE

This contract will require a 3D computer animator to support the CSB’s Office of Congressional, Public, and Board Affairs’ safety video program. This program plays an important role in the CSB’s mission to prevent chemical accidents by visually portraying key findings and lessons learned in a video format. Work will be performed at the

1 https://www.csb.gov/assets/1/6/csb_strategic_plan1.pdf https://www.csb.gov/assets/1/6/csb_strategic_plan1.pdf

Contractor’s office. The completion of the videos shall generally correspond with the release of the CSB’s final investigation report. Examples of CSB safety videos can be viewed at www.safetyvideos.gov.

TASKS

The Contractor must have the capability to perform the specific tasks listed below:

TASK 1: COMPUTER-GENERATED ANIMATION

The Contractor shall provide animation and limited production services for the CSB.

Each animation, typically less than 15 minutes in length, is based on the findings and recommendations of one or more CSB accident investigations or studies. Examples may be found at www.safetyvideos.gov. Specific capabilities required to complete this task include, but are not limited to:

• Developing pre-production storyboards and animatics.

• Developing sophisticated, accurate, forensic computer animations depicting accidents, based on actual chemical plant layouts and designs as described investigation reports. These animations may include:

o Chemical facility and/or refinery environments, including detailed views of facility units or specific pieces of equipment o Vehicles (i.e. fire trucks, ambulances, police cars, forklifts) o Characters (i.e. workers, emergency responders) o Chemicals (i.e. molecules, gases, flowing liquids) o Expansive fires and blast waves

• Sound mixing and design.

• Developing graphic, logos and other elements to be incorporated into videos.

• Provide interim versions of animation for internal or external stakeholder review and incorporate comments and changes, as directed by the COR.

• Provide video files for website, social media and uncompressed formats.

• Provide HD resolution animation suitable for editing in Adobe Premier Pro.

At the outset of each video project, the Contractor shall develop and submit an outline of the animation including approximate length, description of computer animation, a project schedule, and a projected budget to the Contracting Officer’s Representative (COR) as deliverables. Following the COR’s review, the Contractor will be required to make revisions or corrections identified during review process. The project schedule should emphasize critical deadlines and points of interaction with agency personnel, to ensure that animations can be completed in tandem with investigation reports.

TASK 2: GRAPHICS DEVELOPMENT

The Contractor shall develop graphics for the CSB’s website or investigation reports, such as depictions of the chemical accidents or chemical processes. Deliverables should be compatible with Adobe Photoshop or Illustrator.

The Contractor will be required to sign a non-disclosure agreement for each new animation product before any work begins.

http://www.safetyvideos.gov/ http://www.safetyvideos.gov/

GENERAL ORDERING PROCEDURES

All work and services to be performed under this contract will be initiated by a task proposal request issued by the COR to the Contractor. The task proposal request will specify, at a minimum, the following information:

• A description of the work to be performed,

• The desired period of performance or required completion date,

• Performance Requirements Summary, and

• The date and time the Contractor’s proposal is due.

The COR will provide a draft animation script, a draft report and a timeline for completion to the Contractor when requesting a quote.

The task proposal request neither commits the Government to pay any costs incurred in the submission of any proposal or in making necessary studies for the preparations thereof, nor does it commit the Government to issue a task order for such services. The Contracting Officer (CO) is the only individual who can commit the Government to the expenditure of public funds in connection with this contract.

Task Proposals The Contractor shall provide a written response (task proposal) to the task proposal request within ten (10) calendar days, unless otherwise specified in the task proposal request. The Contractor’s written response shall consist of the following at minimum:

• A technical proposal specifying the Contractor’s approach to performing the required work;

• A Quality Control Plan specific to the order;

• A detailed work schedule identifying all significant milestones and deliverables, including completion dates; and

• A price proposal for the required work with firm-fixed prices based on information provided by the COR. The proposed price should be fully loaded to include all labor and materials required to complete the project.

Any changes to the video products requested by the COR that require a revision in the firm-fixed price of the video product will require a written price proposal from the Contractor reflecting the costs of the proposed changes. The new pricing proposal must be approved in writing prior to executing any changes.

The Government may enter into discussions with the Contractor regarding the task proposal to negotiate the technical approach or any other issues.

Task Orders The Government will issue task orders under this contract. Each task order will provide funding for multiple video products based on estimated firm fixed prices for individual projects.

Should the Government determine to proceed with the work identified in the task proposal request, a task order will be issued by the CO to specify the work to be performed by the Contractor. All task orders will be unilateral. Task orders will be transmitted by electronic mail. At a minimum, each task order issued under this contract will include the following:

• A task order number

• A description of the work to be performed

• The work schedule, period of performance, or required completion date

• The Performance Requirements Summary

• The not-to-exceed amount for firm-fixed price video projects

• The obligation of funds

• The payment schedule/terms

• The deliverables

SUBJECT TO MULTIPLE AWARD

The CSB will be accepting price quotes with the intent to award up to two (2) contracts for the work described in this PWS.

MAXIMUM ORDER LIMITATION

The base year and each of the four potential option years will each have a Maximum Order Limit (MOL) of $500,000 for a total potential aggregate contract total of $2,500,000.

MINIMUM ORDER LIMITATION

The Government will order a guaranteed minimum of at least $5,000 in services during the base year of the contract. The guaranteed minimum order amount applies to the base year only. There is no guaranteed minimum for the option years, if exercised.

PERIOD OF PERFORMANCE

The solicitation will result in a contract with a period of performance that consists of a base year plus four consecutive one-year renewal options, which may be exercised unilaterally by the Government. The anticipated period of performance is as follows:

Base Year: September 2018 – August 2019 Option Year 1: September 2019 – August 2020 Option Year 2: September 2020 – August 2021 Option Year 3: September 2021 – August 2022 Option Year 4: September 2022 – August 2023

The schedule for completion of work to be performed under this contract will be delineated in each task order issued under this contract.

PROGRESS REPORTS:

Throughout the entire period of performance under this contract, the Contractor shall prepare and submit to the COR, a monthly progress and status report by the 5th of each month.

Each report shall include the following basic information:

• Contract and Task Order numbers

• Contractor’s name and address

• Date of report

• Reporting period

• Description of ongoing animation projects during the reporting period, including significant accomplishments; problem areas, if any; and recommendations, if any

• Update on resolution of any problems described in previous reports

• Notice of any anticipated deviations from previously established technical plans, cost estimates, and/or completion schedules

• Deliverables completed during the reporting period

• For each active animation in production, a summary of the cumulative costs billed, and the remaining task order funding

• In addition to the monthly progress reports, the Contractor shall promptly report to the COR any noteworthy accomplishments, significant problems, and/or other matters requiring the CSB’s immediate attention. The COR may ask the Contractor for informal progress updates at any time.

CONTRACT TYPE:

This contract will be based on task orders for multiple video products based on firm-fixed prices for individual projects.

CONTRACTING OFFICER AUTHORITY:

In no event shall any understanding or agreement between the Contractor and any government employee other than the appointed CO on any contract modifications, change orders, letter or verbal direction (other than direction within the scope of the COR’s authority) to the contractor be effective or binding upon the government. All such actions must be formalized by the proper contract modification executed by the appointed CO.

The Contractor is hereby put on notice in the event a government employee other than the CO directs a change in the work to be performed or increases the scope of work to be performed, it is the Contractor’s responsibility to make inquiry of the CO before making the deviation.

PAYMENT:

The Contractor shall invoice the CSB for payment. Payment will be authorized upon completion of the work covered by the invoice and the CSB COR's determination that the deliverables meet the requirements set forth in this Performance Work Statement.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The COR will summarize and document the Contractor’s performance in the three categories listed below (evaluation based on meeting the requirements of this PWS and the contractor submitted Quality Assurance Plan):

• Quality of service

• Business relations

• Timeliness of performance

Surveillance Method: Random Evaluation. This method employs a “spot check” style of evaluation and may be adjusted, based on quality trends. The Government retains the right to inspect all requirements of the contract. Unacceptable performance will be recorded and the Contractor shall be required to correct the unacceptable condition within a 24-hour time period. If the Contractor does not correct the unacceptable condition within 24-hours, the COR will notify the Contracting Officer who will take appropriate administrative action for unacceptable performance. When an observation indicates defective performance, the COR will require the Contractor to initial the observation. The initialing of the observation does not constitute concurrence with the observation; it only indicates acknowledgement that the Contractor has been made aware of a potentially defective performance.

CONFIDENTIALITY:

The contractor, contractor personnel, and subcontractors assigned to this contract, will be required to execute a confidentiality agreement with the CSB.

ADDITIONAL TERMS:

Performance under this contract shall be subject to the following additional terms, which are hereby incorporated into the contract:

1) Public Release of Information

The contractor shall submit any proposed public release of information pertaining to its work for the CSB to the General Counsel of the CSB for approval prior to release.

The contractor shall release no such information without prior written approval from the CSB General Counsel.

2) Personnel Security Requirement

The contractor, contractor personnel assigned to perform work for the CSB, and any subcontractors shall execute a non-disclosure agreement as a condition for granting any such party access or potential access to trade secrets and confidential business information.

3) Contractor Testimony

The contractor shall immediately report to the General Counsel of the CSB any and all requests for the testimony of the contractor, its personnel, and/or subcontractors, and any intention to testify as a witness relating to: (a) any work required by and/or performed for the CSB; (b) any information or data produced by the contractor in the course of its work for the CSB; or (c) any information provided by any individual or entity to assist the contractor in performing work for the CSB. All requests for the testimony of the Contractor, its personnel, and/or subcontractors that fall within the scope of 40 C.F.R. part 1611 shall be handled in accordance with the provisions of that regulation.

4) Organizational Conflicts of Interest

a) The contractor, its personnel, its subcontractors, and any other person or entity performing work for the contractor on behalf of the CSB, shall execute a certification of non-conflict of interest. Such executed certification constitutes the signatory’s acknowledgement that he/she has read and understands the requirements of this clause and agrees to abide by its terms.

b) The contractor and its personnel performing work for the CSB under this contract should not be placed in a conflicting role because of current or planned interests (whether financial, contractual, organizational, or otherwise), which relate to the work performed under this contract, nor should the contractor obtain an unfair competitive advantage over other parties by virtue of its performance under this contract.

c) The contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or in the alternative, warrants that it has fully disclosed all such relevant information. Additionally, during the term of this contract, the contractor agrees to forego entering into any other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract.

The contractor shall ensure that all agents, employees, and subcontractors retained for any purpose under this contract abide by the provisions of this entire clause. If the contractor has reason to believe, with respect to itself or any of its agents, employees, or subcontractors, that any proposed contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the Contracting Officer and the General Counsel of the CSB before the execution of such contractual arrangement.

d) The contractor further agrees that if, after it commences work for the CSB, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer and the General Counsel of the CSB. It is agreed that this disclosure will include a description of the action that the contractor has taken or proposes to take to avoid or mitigate the conflicts. The contractor shall continue performance until notified by the Contracting Officer of any contrary and/or supplemental action to be taken.

e) It is the specific responsibility of the contractor to ensure that any and all subcontractors, and any subcontractors' employees, are free from conflicts of interest. The contractor warrants that no subcontractors already identified, or any of their subcontractors' employees, have an identifiable conflict of interest. It is further agreed that, in the event a conflict of interest is discovered after award of the subcontract, the same rules for disclosure, and all of the same remedies open to the CSB, described below, remain binding. The contractor further agrees to insert in each subcontract or agreement done in furtherance of this contract, provisions which shall conform substantially to the language of this entire clause.

f) During the period of performance under this contract, and for six (6) months after the last day of that period, the contractor specifically agrees not to represent, assist, be employed by, or otherwise perform any services or functions for any entity or individual that is the subject of a CSB investigation or for such entity’s or individual’s agents, insurers, or successors in interest (but only to the extent that work for such agents, insurers, or successors in interest would pertain to the incident under investigation by the CSB).

g) Notwithstanding the immediately foregoing prohibitions, the Contracting Officer and the General Counsel of the CSB may authorize the contractor to solicit or perform this general type of work if the Contracting Officer and the General Counsel determine that the situation will not pose a potential for bias or unfair competitive advantage, and that the Contracting Officer and the General Counsel of the CSB approve of the proposed solicitation or work.

h) For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of any relevant conflicts of interest required to be disclosed concerning this contract, or for such erroneous representations that necessarily imply bad faith, the CSB may terminate the contract for default, disqualify the contractor from subsequent contracts, and pursue other remedies permitted by law or this contract. Notwithstanding these remedies, however, the CSB may always terminate the contract for convenience, in whole or in part, if termination is in the best interests of the government.

5) Proprietary Rights

The contractor agrees that all property rights, including publication rights, in the information and materials produced by the contractor for the CSB shall vest in the government. Information and materials shall include, but not be limited to: progress reports, source data, plans, systems analyses, reports, extracts, test data, and procedures.

Contract Provisions

ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS --

COMMERCIAL ITEMS (JAN 2017)

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS

Invoice Processing Platform (IPP) is a secure web-based electronic invoicing and payment information service available to all Federal agencies and their supplier by the U.S. Treasury's Financial Management Service. IPP allows Federal agencies and their suppliers to exchange electronic purchase orders, blanket POs, invoices, and payment information in one easy to access web portal. This service is free of charge to government agencies and their suppliers, including services and support.

(a) Definitions. As used in this clause- (1)"Payment request" means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP).

Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing. Please consult the Contracting Officer for a Waiver Request.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

PAYMENT AND INVOICE QUESTIONS

After award, any questions or issues related to this procurement will be handled by Amy Driver, Contracting Officer, who can be reached at 202-261-7630 or contracts@csb.gov.

When sending an email, include the award number and contracting officer's name in the subject line. For questions specifically related to IPP payment and invoice questions, contact the Accounting Services Division at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

OVERPAYMENTS

In accordance with 52.212-4 section (i) 5 Overpayments: Accounts Receivable Conversion of Check Payments to EFT: If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an electronic funds transfer (EFT). This means the Government will copy the check and use the account information on it to electronically debit the Contractor's account for the amount of the check. The debit from the Contractor's account will usually occur within 24 hours and will be shown on the regular account statement.

mailto:ippgroup@bos.frb.org mailto:AccountsPayable@fiscal.treasury.gov

The Contractor will not receive the original check back. The Government will destroy the Contractor's original check but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

(End of Clause)

52.209-7 Information Regarding Responsibility Matters (Jul 2013).

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more;

or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016).

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.209-12 Certification Regarding Tax Matters (Feb 2016).

(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $5,000,000 (including options), the Offeror shall certify that, to the best of its knowledge and belief, it

(1) Has □ filed all Federal tax returns required during the three years preceding the certification;

(2) Has not □ been convicted of a criminal offense under the Internal Revenue Code of 1986; and

(3) Has not □, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

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 certification 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.

https://www.sam.gov/portal

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 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;

(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 http://uscode.house.gov/

(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 business, 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.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and

(ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which…