FBO_RFQ_959P0019Q0013.pdf

Pretrial Services Agency for the District of Columbia (PSA)

Request for Quotation (RFQ) 959P0019Q0013

Bio-Hazardous Waste Disposal Services for the

Office of Forensic Toxicology Services (OFTS)

May 14, 2019

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6 and 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

The solicitation number is 959P0019Q0013. The solicitation will be issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2019-02. This solicitation is set-aside for small businesses. The associated NAICS code is 562211, Hazardous Waste Treatment and Disposal, and the small business size standard is $38.5. Please view Section B for the proposed contract line item number(s) (CLINS) and Section C for the statement of work (SOW). The Contractor shall provide all labor, supervision, certificates and manifests, materials and transportation required to remove all biological waste materials from two (2) laboratories at the Pretrial Services Agency for the District of Columbia (PSA) Office of Forensic Toxicology Services (OFTS). Services shall occur at 90 K Street NE, Suite 102 in Washington, DC 20530 and 500 Indiana Avenue NW, Suite C220 in Washington, DC 20001 (Laboratory and Drug Testing Compliance Unit (DTCU). The period of performance is one (1) base and four (4) option years. This RFQ includes FAR clause 52.217-8, which allows a total period of performance extension of up to six (6) months.

FAR provision 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. There is no addenda to the provision. FAR provision 52.212-2, Evaluation - Commercial Items, applies to this acquisition. The evaluation factors included in paragraph (a) of the provision are 1) Technical Capability/Approach; 2) Past Performance; and 3) Price. Award will be made to the responsible Quoter whose quotation is the lowest price and technically acceptable (LPTA).

FAR provision 52.212-3, Offeror Representations and Certifications - Commercial Items: Quoters shall complete only paragraph (b) of the provision if Quoters have completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If Quoters have not completed the annual representations and certifications electronically, Quoters shall complete only paragraphs (c) through (u) of the provision.

FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition.

There are no addenda to the clause.

FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items, applies to this acquisition. The additional FAR clauses cited in the clause that are applicable to this acquisition are as follows: 1) 52.222-55, Minimum Wages Under Executive Order 13658; 2) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment; 3) 52.222-41, Service Contract Labor Standards; 4) 52.222-42, Statement of Equivalent Rates for Federal Hires; 5) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management; 6) 52.239-1, Privacy or Security Safeguards; 7) 52.225-1, Buy American-Supplies; 8) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving; 9) 52.222-3, Convict Labor; 10) 52.222-19, Child Labor - Cooperation with Authorities and Remedies; 11) 52.222-21, Prohibition of Segregated Facilities; 12) 52.222-26, Equal Opportunity; 13) 52.222-35, Equal Opportunity for Veterans; 14) 52.222-36, Equal Opportunity for Workers with Disabilities; 15) 52.222- 37, Employment Reports on Veterans; 16) 52.222-40, Notification of Employee Rights Under the

RFQ 959P0019Q0013

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P311_50761 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2206_322432

National Labor Relations Act; 17) 52.222-50, Combating Trafficking in Persons; 18) 52.219-28, Post Award Small Business Program Re-representation; 19) 52.219-8, Utilization of Small Business Concerns; 20) 52.219-6, Notice of Total Small Business Aside; 21) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment; 22) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards; and

23) 52.203-6, Restrictions on Subcontractor Sales to the Government with Alternate I.

Additional contract requirement(s) or terms and conditions are as follows: 1) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights; 2) 52.217-8, Option to Extend Services; and 3) 52.217-9, Option to Extend the Term of the Contract. The following PSA clauses are applicable: 1) PSA200-70, On-Site Working Conditions; 2) PSA204-71 Contractor Personnel Security Requirements; 3) PSA209-70, Contractor Performance Capabilities; 4) PSA209-72, Qualifications of Contractor’s Employees; 5) PSA209-73, Standards of Conduct; 6) PSA223-71, Environmentally Preferable Products and Services; 7) PSA228-70, Insurance; 8) PSA232- 70, Invoice Requirements; and 9) PSA242-70, Contract Performance Information.

The Defense Priorities and Allocations System (DPAS) and assigned rating is not applicable.

All questions shall be submitted no later than (NLT) 4:00 pm EST by Friday, May 17, 2019. Questions asked over the telephone or on voicemail shall not be accepted. Questions and quotations shall be email to the CO at Evron.Rollins@psa.gov. Quotations are due NLT 12:00 noon EST by Wednesday, May 22, 2019.

RFQ 959P0019Q0013

mailto:Evron.Rollins@psa.gov

SECTION B. SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 Pricing Table

The Government contemplates awarding a single firm fixed price Contract.

Base Year

Contract Line Item Number (CLIN) Description of Services

Quantity

Unit Price

Total Price

Removal & Disposal of Biohazard Medical Waste Box and Contents; Supplied with

Replacement Box 17.5 x 17.5 x

23.5 Tall and Bag

1,350 $ $

Red Bio Bag, Large 30 Gallon 600 $ $

Tape - 2" x 100' 180 $ $

Total Price for the Base Year $

Option Year One (1) and Contents; Supplied with

Replacement Box 17.5 x 17.5 x

Tape - 2" x 100' 180 $ $

Total Price for Option Year One (1) $

Option Year Two (2) and Contents; Supplied with

Replacement Box 17.5 x 17.5 x

Tape - 2" x 100' 180 $ $

Total Price for Option Year Two (2) $

Option Year Three (3) and Contents; Supplied with

Replacement Box 17.5 x 17.5 x

Tape - 2" x 100' 180 $ $

Year Three (3) $

Option Year Four (4) and Contents; Supplied with

Replacement Box 17.5 x 17.5 x

Tape - 2" x 100' 180 $ $

Year Four (4) $

Total Price for Base Period: $__________________________

Total Price for Option Year 1: $_________________________

Total Price for Option Year 2: $_________________________

Total Price for Option Year 3: $_________________________

Total Price for Option Year 4: $_________________________

Total Price for the Base & Option Years: $__________________________

SECTION C. STATEMENT OF WORK

The Contractor shall provide all labor, supervision, certificates and manifests, materials and transportation required to remove all biological waste materials from two (2) laboratories at the Pretrial Services Agency for the District of Columbia (PSA) Office of Forensic Toxicology Services (OFTS).

Waste materials include plastic cups containing urine (not emptied), latex gloves, plastic and glass test tubes, bench wipes, and disposable lab coats. Up to fifty (50) boxes of 40 pounds of waste material may be filled per week. Chemical waste are not included.

The Contractor shall be licensed, insured, and bonded. The Contractor shall:

• Provide all necessary Occupational Safety and Health Administration (OSHA) and U.S.

Department of Transportation (DOT) approved cardboard boxes labeled with federal markings (i.e. biohazard symbol, this-side-up-arrows, regulated medical waste, not otherwise specified (N.O.S.) and UN number), enough red biohazard bags to double line the disposal boxes, strong tape to seal the boxes, and any required labels. The boxes shall be 18 x 18 x 24 (length x width x height) inches.

• Remove filled boxes from the laboratory pick-up sites inside the buildings twice (2) per week on Wednesdays and Fridays. When required, contractor employees shall be escorted by OFTS staff members.

• Comply with all applicable federal (i.e. OSHA, DOT, etc.), state, and the District of Columbia (DC) regulations.

• Possess a valid Special Medical Waste (SMW) Hauler Certificate. The SMW certificate shall be submitted within five (5) days after task order award.

SECTION D. PACKAGING AND MARKING

All information submitted to the Government, whether submitted electronically, through the postal system, or in person, shall clearly indicate the project title, Contract number, and the name of the Contracting Officer (CO) and Contracting Officer’s Representative (COR).

SECTION E. INSPECTION AND ACCEPTANCE

Services shall be inspected in accordance to FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items. The inspection and acceptance of services, supplies, reports and other required deliverables or outputs shall take place in Washington, DC or at any location designated by the COR where the services are performed and reports and deliverables or outputs are produced or submitted. The COR identified in Section G.3 has been delegated authority to inspect and accept all services, supplies, reports and required deliverables or outputs.

SECTION F. DELIVERIES AND PERFORMANCE

F.1 Place of Performance

Services shall occur at 90 K Street NE, Suite 102 in Washington, DC 20530 and 500 Indiana Avenue NW, Suite C220 in Washington, DC 20001 (Laboratory and Drug Testing Compliance Unit (DTCU).

F.2 Period of Performance

The period of performance is one (1) base and four (4) option years. This Contract includes FAR clause 52.217-8 that allows a total period of performance extension of up to six (6) months. The option years will be exercise at the discretion of the Government. The actual dates will be filled in at the time of award.

Base Year: Award Effective Date through 12 months Option Year 1: 13 through 24 months Option Year 2: 25 through 36 months Option Year 3: 37 through 48 months Option Year 4: 49 through 60 months FAR Clause 52.217-8 up to 66 months

F.3 Work Hours

Weekly pick-ups shall be scheduled for Wednesdays and Fridays during the normal business hours of 7:00 am to 4:30pm. The Contractor shall be available during the normal business hours of 7:00 am to 4:30 pm Monday thru Friday excluding federal holidays. Ad-hoc pickups may be required. The Government will be responsible for making the pick-up sites available to Contractor during the normal business hours.

F.4 Deliverables

The Contractor shall submit the manifest and shipping documentation to the COR after performance of each service call. The Contractor shall submit DOT and OHSA training records of contractor personnel to the COR within five (5) days after Contract award. The Contractor shall promptly submit any new regulated waste requirements to the COR as it becomes available.

SECTION G. CONTRACT ADMINISTRATION DATA

G.1 Post Award Conference

The Contractor shall attend a post award conference with the COR no later than ten (10) business days after the date of award. The purpose of the post award conference, which will be chaired by the Government, is to discuss technical objectives of this Contract. The post award conference will be held in Washington, DC or via teleconference.

G.2 Contracting Officer (CO)

The CO is the only person authorized to approve changes to the terms and conditions of the Contract. In the event the Contractor effects any changes at the direction of any person other than the CO, the changes will be considered unauthorized and no adjustment will be made in the Contract price to cover any increase in costs incurred as a result thereof. The CO shall be the only individual authorized to modify any terms or conditions of the Contract. The CO is the only individual who can legally obligate Government funds. No cost chargeable to the Contract can be incurred before receipt of a fully executed Contract, which includes any subsequent Contract modifications or other specific written authorization from the CO.

The CO is:

Evron Rollins Pretrial Services Agency for District of Columbia Office of Finance and Administration/Procurement 601 Indiana Avenue, NW Suite 710 Washington, DC 20004 Email: Evron.Rollins@psa.gov

G.3 Contracting Officer’s Representative (COR)

The CO will designate a COR to assist in monitoring services/supplies under this Contract. The COR is responsible for the technical administration of the Contract and is the technical liaison for the Government. The COR is not authorized to change the scope of work or specifications as stated in the Contract, to make any commitments or otherwise obligate the Government or authorize any changes which affect the Contract price, delivery schedule, period of performance, or other terms and conditions.

The Contractor will receive a copy of the COR appointment letter outlining the roles and responsibilities of the COR.

Note: The name and contact information of the COR will be provided in the Contract.

G.4 Invoice and Payment

Invoices shall be prepared in accordance with FAR clause 52.212-4 (g), Contract Terms and Conditions- Commercial Items and PSA232-70, Invoice Requirements.

SECTION H. SPECIAL TASK ORDER REQUIREMENTS

The Contractor shall provide the COR with a list of contractor employees expected to enter PSA’s premises. While on PSA’s premises, all Contractor personnel shall comply with the rules, regulations, and procedures governing the conduct of personnel and the operation of the facility. Additional security requirements and personal identification may be imposed by each pick-up site’s security protocols. The Contractor shall be required to comply with all security policies/requirements.

mailto:Evron.Rollins@psa.gov

Contractor’ s identification badges of the Contractor’s employees shall be worn at or above the waist facing forward and at a minimum displaying the company’s name, employee photo, and employee’s name.

It is the responsibility of the Contractor’s personnel to park in the appropriate designated parking areas.

PSA does not validate or make reimbursement for parking violations of the Contractor’s personnel under any circumstance.

Contractor may be required to interrupt their work at any time as not to interfere with the normal functioning of the facility, including utility services, fire protection systems, and passage of facility, personnel, equipment and carts. In the event of an emergency, contractor services may be stopped and rescheduled during normal business hours at no additional cost to the Government.

PSA200-70 On-Site Working Conditions (SEP 2013)

(a) PSA facilities are smoking restricted workplaces. Due to the nature of the work, facilities, and requirements, contractor staff may only smoke outside in designated smoking areas.

(b) Unless otherwise specified elsewhere in the contract documents, the normal operating hours are between 7:00 am to 5:30 pm, Monday through Friday.

(c) Government personnel observe the following days as holidays:

New Year’s Day January 1 * Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4* Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25*

* If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.

(d) In addition to the days designated as holidays, the Government observes the following days:

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Presidential Inauguration Day

• Any other day designated by the President’s Proclamation

(e) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor's personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract.

(f) When the Federal, State, Local or other Governmental entity grants excused absence to its employees, assigned Contractor personnel may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and must be guided by the instructions issued by the CO or COR.

(g) If Government personnel are unavailable due to furlough or any other reason, the Contractor must contact the CO or the COR to receive direction. It is the Government's decision as to whether the contract price/cost will be affected. Generally, the following situations apply:

(1) Contractor personnel who are able to continue contract performance (either on-site or at a site other than their normal workstation), must continue to work and the contract price shall not be reduced or increased.

(2) Contractor personnel who are not able to continue contract performance (e.g., support functions) may be asked to cease their work effort. This may result in a reduction to the contract price.

PSA204-71 Contractor Personnel Security Requirements (FEB 2016)

(a) All Contractor and Sub-contractor employees requiring routine physical access to a Federally-controlled facility and/or access to a Federally-controlled information system in performance of this Contract shall be subject to this Clause (PSA204-71) as well as FAR 52.204-9 and must undergo a Preliminary Background Check and Personnel Security Screening prior to being allowed onsite. The background check will be performed by either PSA or the Office of Personnel Management (OPM) at no cost to the contractor. Contractor and sub-contractor employees subject to this Clause shall not be granted routine physical access to PSA/CSOSA- controlled facilities or access to PSA/CSOSA-controlled information systems prior to receiving favorable results from the Preliminary Background Check and Personnel Security Screening.

(b) Upon contract award, the Contracting Officer (CO) shall provide the Contractor with a Security Form for PSA Contractors, Agency Credit Release, and Optional Form 306. The Contractor shall notify the Contracting Officer immediately if they do not receive a copy of each of these forms along with a copy of the fully executed contract.

(c) Within five (5) calendar days of the effective date of the Contract the Contractor shall submit a roster, by name, position and responsibility, of all staff (including subcontractor staff at all tiers) subject to this Clause. The Contractor shall include, as an attachment to the roster, a completed Security Form for PSA Contractors, Agency Credit Release, and Optional Form 306 for each individual listed on the roster. The roster and completed security forms shall be submitted to the Contracting Officer (CO) with copy to the Contracting Officer’s Representative (COR).

(d) All Contractor and Sub-contractor employees subject to this Clause must pass a comprehensive security background check before starting work on the project. Upon receipt of the roster and completed security forms, the CO or Contracting Officer Representative (COR) shall coordinate with the PSA Personnel Security Officer to schedule fingerprinting of each contractor applicant. The Contractor shall allow for up to ten (10) business days from the date the PSA receives copies of the completed security forms and fingerprints for completion of the Preliminary Background Check and Personnel Security Screening. Applicants shall bring two (2) forms of identification for fingerprinting, one of which must be issued by a State or Government agency. PSA shall not be responsible for any schedule delays due to untimely submission of the required security forms and/or applicant fingerprinting, nor shall PSA be responsible for any schedule delays due to proposed personnel receiving unfavorable background checks. Refer to PSA Specific Clause PSA200-70 for further information on what is considered a “business day.”

(e) All Contractor and Sub-contractor employees subject to this Clause must obtain Government-provided identification. For contracts in which the performance period is less than one year, Contractor personnel will be issued a Contractor Proxy Card. For contracts in which the performance period is one-year or longer, Contractor personnel will be issued a Personal Identity Verification (PIV) badge. Upon notification from the PSA Personnel Security Officer of favorable Preliminary Background Check and Personnel Security Screening, the CO or COR shall coordinate with the CSOSA badging office to obtain the Government-provided identification. Applicants must bring 2 forms of identification, one of which must be issued by a State or Government agency. Unless otherwise noted in the Contract or directed by the CO/COR, once the contractor staff receives their badges, they may begin work under this contract.

(f) All contractor and sub-contractor employees shall wear a company badge which clearly identifies the employee and the company they work for AND the Government-provided identification. Both badges must be worn at all times by contractor personnel while on a PSA/CSOSA controlled facility.

Any employee admitted to the site without proper clearance and badging shall be asked to leave the project immediately and will not be permitted to return without a company provided badge and Government-provided identification. This action shall not result in any additional costs to the Government and no extension of performance time will be given for any delay this may cause the contractor.

(g) Contractor and subcontractor staff shall comply with PSA Policy Statement (PS) 4060, Personnel Security Program. A copy of PS4060 can be obtained by contacting either the CO or COR.

(h) Contractor and Subcontractor staff requiring access to PSA/CSOSA controlled information systems in performance of this contract is required to receive security training. The contractor shall ensure that each contractor/subcontractor employee completes the PSA/CSOSA Computer Security Awareness Training within a week of obtaining network access. Contractor and Subcontractor personnel shall coordinate this training requirement with the COR. Additionally, Contractor/Subcontractor employees shall comply with PS 2001 Personal Use of Information Technology Resources, a copy of which can be obtained from the CO or COR.

(i) The Contractor shall strictly control all forms of Government-provided identification (Proxy Cards or PIV Badges) issued to the Contractor employees in connection with performance under this contract.

The Contractor shall return to the CO or COR any Government-provided identification at the earliest of any of the following, unless otherwise determined by the Contracting Officer in writing:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(j) Final payment due under this contract shall not be made until all Government-provided identification has been returned.

(k) The Contractor shall insert this Clause, including this paragraph (k), in all subcontracts when the

Subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to ensure subcontractor compliance (at all tiers) with this Clause, to include collection and return to PSA any Government issued Proxy Card or PIV Badge.

PSA209-70 Contractor Performance Capabilities (SEP 2013)

The Contractor must be capable of performing all the tasks described in the Statement of Work. The Government shall not be liable for any costs or other involvement in the purchase, repair, maintenance or replacement of Contractor items used to implement or comply with requirements of the contract.

Likewise, the Government shall in no way be held accountable by the Contractor for the Contractor’s inability to perform under this Contract due to Government technology implementations and or changes.

PSA209-72 Qualifications of Contractor’s Employees (SEP 2013)

The Contracting Officer may require dismissal from work of those employees which he/she deems incompetent, careless, insubordinate, unsuitable or otherwise objectionable, or whose continued employment he/she deems contrary to the public interest or inconsistent with the best interest of national security. The Contractor must fill out, and cause each of its employees on the contract work to fill out, for submission to the Government, such forms as may be necessary for security or other reasons. Upon request of the Contracting Officer, the Contractor’s employees must be fingerprinted. Each employee of the Contractor who works on this contract shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form I-151, or who presents other evidence from the Immigration and Naturalization Service that employment will not affect his/her immigration status.

PSA209-73 Standards of Conduct (SEP 2013)

(a) Personnel assigned by the contractor to the performance of work under this order must be acceptable to the Government in terms of personal and professional conduct. Contractor personnel shall conform to standards of conduct as follows:

(1) No contractor employees shall solicit new business while performing work under this order.

(2) The contractor and its employees shall not discuss with unauthorized persons any information obtained in the performance of work under this order.

(b) Should the continued assignment to work under this order of any person in the contractor’s organization be deemed by the Contracting Officer to conflict with the interests of the Government, that person shall be removed immediately from assignment, and the reason for removal shall be fully documented in writing by the Contracting Officer. Employment and staffing difficulties shall not be justification for failure to meet established schedules, and if such difficulties impair performance, the contractor may be subject to default.

PSA223-71 Environmentally Preferable Products and Services (SEP 2013)

(a) Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management, requires in agency acquisitions of goods and services (i) use of sustainable environmental practices, including acquisition of bio-based, environmentally preferable, energy-efficient, water-efficient, and recycled-content products, and (ii) use of paper of at least 30 percent post-consumer fiber content.

(b) By signing this offer or contract, the contractor will be deemed to have signed and agreed that all goods and services provided under this contract will comply with the above requirements of Executive Order 13423.

PSA228-70 Insurance (SEP 2013)

(a) In accordance with FAR 52.228-5, "Insurance-Work on a Government Installation (JAN 1997)" incorporated by reference, the Contractor must secure, pay the premiums for and keep in force until the expiration of this contract, and any renewal thereof, adequate insurance of the types and in the amounts as specified under FAR 28.3.

(b) Each policy of insurance must contain an endorsement that any cancellation or material change in the coverage adversely affecting the Government's interest must not be effective unless the insurer or the Contractor gives written notice of cancellation or change, as required by the CO. When the coverage is provided by self-insurance, the Contractor shall not change or decrease the coverage without the CO's prior approval.

(c) A certificate of each policy of insurance must be furnished to the CO within ten (10) days after notice of award certifying, among other things, that the policy contains the aforementioned endorsement.

The insurance company providing the above insurance must be satisfactory to the Government. Notices of policy changes shall be furnished to the CO. The substance of this clause must be made to flow down to any subcontractors.

PSA232-70 Invoice Requirements (DEC 2013)

Invoices should be emailed to: PSAInvoices-Accounting@psa.gov.

(a) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

(1) Name and address of the Contractor.

(2) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of transmission.)

(3) Contract/task order number or other authorization for supplies delivered or services performed (including order number and contract line item number).

mailto:PSAInvoices-Accounting@psa.gov

(4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(5) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(6) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(8) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

(9) Electronic funds transfer (EFT) banking information.

(i) The contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

(ii) The last four digits of the contractor’s bank account must be shown on each invoice submitted for payment. This information will be used as a cross-reference in situations where the EFT banking information in the Central Contract Registration is suspect.

(iii) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(10) The vendor’s certification that their EFT banking information in the Central Contractor Registration is current, accurate and complete as of the date of the invoice.

(11) Any other information or documentation required by the contract (e.g., evidence of shipment).

(b) Any invoice that does not contain all of the information listed in paragraph (a) above will be rejected as improper, and a new complete corrected invoice must be submitted. The payment due date for the corrected invoice will be calculated from the date it is received.

(c) Contractor’s FINAL invoice shall be clearly marked as the FINAL INVOICE.

(d) Within 30 calendar days following receipt of payment of FINAL INVOICE, the contractor shall submit, to the Contracting Officer, a completed Contractor’s Release Statement which is included as an attachment to this contract.

PSA242-70 Contract Performance Information (SEP 2013)

The Contractor must not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed must be submitted to the Contracting Officer for approval.

SECTION I. CONTRACT CLAUSES

I.1 FEDERAL ACQUISITION REGULATIONS (FAR) 52.252-2 CLAUSES INCORPORATED

BY REFERENCE (FEB 1998)

This Contract incorporates one or more additional clauses by reference, with the same force and effect as if it were given in full text. Upon request, the CO will provide the full text. The full text FAR clauses may be accessed electronically at http://acquisition.gov/comp/far/index.html.

FAR CLAUSES INCORPORATED BY REFERENCE

CLAUSES TITLE DATE

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.212-1 Instructions to Offerors—Commercial Items OCT 2018

52.212-4 Contract Terms and Conditions—Commercial Items OCT 2018

I.2 FAR CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION-COMMERCIAL (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 will be used to evaluate offers:

• Factor 1: Technical Approach/Capability

• Factor 2: Past Performance

• Factor 3: Price

Award will be made to the Quoter whose quotation is the lowest price and technically acceptable

(LPTA).

(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.

(End of clause) http://acquisition.gov/comp/far/index.html

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (JAN 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (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)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X__ (22) 52.219-28, Post Award Small Business Program Re-representation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C.

637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

(22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

_X_ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X_ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

___ (1) 52.222-17, Non-displacement of Qualified Workers (May 2014) (E.O. 13495)

_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Non-displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract…