A17 RFP 63NLRB21R0003.pdf

63NLRB

5. DATE ISSUED

06/14/2021

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. SOLICITATION NUMBER

63NLRB21R0003

RATING 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

S e e P a g e

S e P a g

SOLICITATION, OFFER AND AWARD

2. CONTRACT NUMBER

PAGE OF PAGES

1 21

6. REQUISITION/PURCHASE NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than item 7)

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

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

(Hour) (Date)

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

AREA CODE NUMBER EXTENSION

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 2

I CONTRACT CLAUSES 2

B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE

K

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS F DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXTENSION

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT

21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) 41 U.S.C. 3304(a) ( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified) See Schedule

24. ADMINISTERED BY (If other than Item 7) 63NLRB

NLR Headquarters 1015 Half Street, SE

Washington, DC, 20570-0001, US

25. PAYMENT WILL BE MADE BY CODE 63NLRB

NLR IBC Location

DOI - Interior Business Center

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

NLR Headquarters 1015 Half Street, SE

Washington, DC, 20570-0001, US x

TABLE OF CONTENTS:

Section II: Continuation of SF33

Section III: Contract Clauses

Section IV: Any documents, exhibits, and other attachments

Section II: Continuation of SF33

Item Number

Base Item Number

Supplies/Services Quantity Unit

0001 Base Period: Office Furniture and Related Services

Contract Type: Firm Fixed Price

Unit Price $0.00

Extended Price $0.00

Description:

The contractor shall provide Office Furniture, Fixtures, Equipment, and related ancillary services in accordance with the attached ID/IQ Performance Work Statement (PWS).

NLRB will place orders under this ID/IQ by means of task and delivery orders with specifically defined scopes, deliverable products, and schedules.

Purchase Requisitions

IDC Type: Not Applicable

FSC Codes: 7110 OFFICE FURNITURE

NAICS Code: 337215 Showcase, Partition, Shelving, and Locker Manufacturing

Item Number

Base Item Number

Supplies/Services Quantity Unit

1001 0001 Option Period One: Office Furniture and Related Services

Contract Type: Firm Fixed Price

Unit Price $0.00

Extended Price $0.00

Description:

The contractor shall provide Office Furniture, Fixtures, Equipment, and related ancillary services in accordance with the attached ID/IQ Performance Work Statement (PWS).

NLRB will place orders under this ID/IQ by means of task and delivery orders with specifically defined scopes, deliverable products, and schedules.

Purchase Requisitions

Option: 1

Option Time Date: 8/1/22

Option Time Duration: 364

Option Time Units: Days

IDC Type: Not Applicable

FSC Codes: 7110 OFFICE FURNITURE

NAICS Code: 337215 Showcase, Partition, Shelving, and Locker Manufacturing

Item

Number Base Item

Number Supplies/Services Quantity Unit

2001 0001 Option Period Two: Office Furniture and Related Services

Contract Type: Firm Fixed Price

Unit Price $0.00

Extended Price $0.00

Description:

The contractor shall provide Office Furniture, Fixtures, Equipment, and related ancillary services in accordance with the attached ID/IQ Performance Work Statement (PWS).

NLRB will place orders under this ID/IQ by means of task and delivery orders with specifically defined scopes, deliverable products, and schedules.

Purchase Requisitions

Option: 2

Option Time Date: 8/1/23

Option Time Duration: 365

Option Time Units: Days

IDC Type: Not Applicable

FSC Codes: 7110 OFFICE FURNITURE

NAICS Code: 337215 Showcase, Partition, Shelving, and Locker Manufacturing

Item Number

Base Item Number

Supplies/Services Quantity Unit

3001 0001 Option Period Three: Office Furniture and Related Services

Contract Type: Firm Fixed Price

Unit Price $0.00

Extended Price $0.00

Description:

The contractor shall provide Office Furniture, Fixtures, Equipment, and related ancillary services in accordance with the attached ID/IQ Performance Work Statement (PWS).

NLRB will place orders under this ID/IQ by means of task and delivery orders with specifically defined scopes, deliverable products, and schedules.

Purchase Requisitions

Option: 3

Option Time Date: 8/1/24

Option Time Duration: 364

Option Time Units: Days

IDC Type: Not Applicable

FSC Codes: 7110 OFFICE FURNITURE

NAICS Code: 337215 Showcase, Partition, Shelving, and Locker Manufacturing

Item Number

Base Item Number

Supplies/Services Quantity Unit

4001 0001 Option Period Four: Office Furniture and Related Services

Contract Type: Firm Fixed Price Unit Price $0.00 Extended Price $0.00

Description:

The contractor shall provide Office Furniture, Fixtures, Equipment, and related ancillary services in accordance with the attached ID/IQ Performance Work Statement (PWS).

NLRB will place orders under this ID/IQ by means of task and delivery orders with specifically defined scopes, deliverable products, and schedules.

Purchase Requisitions

Option: 4

Option Time Date: 8/1/25

Option Time Duration: 364

Option Time Units: Days

IDC Type: Not Applicable

FSC Codes: 7110 OFFICE FURNITURE

NAICS Code: 337215 Showcase, Partition, Shelving, and Locker Manufacturing

IDC Constraints - Contract Contract Minimum/Maximum Quantity and Value:

Minimum Guarantee % Amt Minimum Guarantee Amt Maximum Ceiling Amt $10,000.00 $15,000,000.00

IDC Constraints - Line Item Delivery Task/Order Minimum/Maximum Line Item Quantity and Amount:

Line Item Minimum Quantity Minimum Amount Maximum Quantity Maximum Amount 0001 $0.00 $0.00

1001 $0.00 $0.00

2001 $0.00 $0.00

3001 $0.00 $0.00

4001 $0.00 $0.00

Section III: Contract Clauses

Clauses incorporated by reference

Article Number Reference Text 52.204-19 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.202-1 52.202-1 Definitions (JUN 2020)

52.212-4 52.212-4 Contract Terms and Conditions-Commercial Items (OCT 2018)

52.225-13 52.225-13 Restrictions on Certain Foreign Purchases (JUNE 2008)

52.233-4 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.203-17 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

52.233-3 52.233-3 Protest after Award (AUG 1996)

52.204-4 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

52.204-18 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.204-13 52.204-13 System for Award Management Maintenance (OCT 2018)

52.203-3 52.203-3 Gratuities (APR 1984)

52.203-12 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)

52.204-7 52.204-7 System for Award Management (JUL 2013)

52.204-6 52.204-6 Unique Entity Identifier

52.204-16 52.204-16 Commercial and Government Entity Code Reporting (JUL 2015)

52.204-17 52.214-17 Ownership or Control of Offeror

52.204-20 52.204-20 Predecessor of Offeror

52.209-5 52.209-5 Certification Regarding Responsibility Matters

52.209-7 52.209-7 Information Regarding Responsibility Matters

52.203-11 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

52.215-1 52.215-1 Instructions to Offerors-Competitive Acquisition

Clauses incorporated by full text

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed-Price Indefinite-Delivery, Indefinite-Quantity contract resulting from this solicitation.

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer.

In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

(End of provision)

52.212-5 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders-Commercial Items (JAN 2021)

(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 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 (Jun 2020), 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 (Jun 2020) (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 (Jun 2020) (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).

X (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. (Jun 2020) (31 U.S.C. 6101 note).

X (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 (Mar 2020) (15 U.S.C. 657a).

(ii) Alternate I (Mar 2020) of 52.219-3.

(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Mar 2020) of 52.219-4.

(13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

X (ii) Alternate I (Mar 2020) of 52.219-6.

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) 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 (Jun 2020) (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 (Jun 2020) of 52.219-9.

(v) Alternate IV (Jun 2020) of 52.219-9.

X (18)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020)(15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

X (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

X (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 (Mar 2020) (15 U.S.C.

657 f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Mar 2020) (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 (Mar 2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

X (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).

(ii) Alternate I (Jul 2014) of 52.222-35.

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(ii) Alternate I (Jul 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).

X (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 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.)

(37)(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.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun

2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(40)(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.

(41)(i) 52.223-14, Acquisition of EPEAT-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

X (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

(43)(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 (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

(48) 52.225-1, Buy American - Supplies (JAN 2021) (41 U.S.C. chapter 83).

(49)(i) 52.225-3, Buy American - Free Trade Agreements - Israeli Trade Act (JAN 2021) (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 (JAN 2021) of 52.225-3.

(iii) Alternate II (JAN 2021) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

(50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 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).

(52) 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).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

(55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (Oct 2018) (31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

X (60) 52.232-36, Payment by Third Party (JAN 2021) (31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(63)(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:

X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (JAN 2021) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (3) 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).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (JAN 2021) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements (JAN 2021) (41 U.S.C. chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services - Requirements (JAN 2021) (41 U.S.C. chapter 67).

(7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 (Jun 2020) (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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (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 (Oct 2020) (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 and 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 (JAN 2021) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (JAN 2021) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

IPP-001 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing

Platform (IPP) system using the "Bill to Agency" of Interior Business Center - FMD.

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Custom Clause)

NLR 0001 52.201-9000 CONTRACTING OFFICER'S REPRESENTATIVE (NOV 2015)

(a) The Contracting Officer's Representative (COR) is a representative of the Government with limited authority who has been designated in writing by the CO to provide technical direction, clarification, and guidance with respect to existing specifications and performance work statement/statement of work/statement of objectives, as established in the contract. The COR also monitors the progress and quality of the Contractor's performance for payment purposes. The COR shall promptly report Contractor performance discrepancies and suggested corrective actions to the CO for resolution.

(b) The COR is not authorized to take any direct or indirect actions or make any commitments that will result in changes to price, quantity, quality, schedule, place of performance, delivery or any other terms or conditions of the written contract.

(c) The Contractor is responsible for promptly providing written notification to the CO if it believes the COR has requested or directed any change to the existing contract. No action shall be taken by the Contractor for any proposed change to the contract until the CO has issued a written directive or a written modification to the contract. The Government will not accept and is not liable for any alleged change to the contract unless the change is included in a written contract modification or directive signed by the CO.

(d) COR authority is not delegable.

NLR 0004 52.233-9000 AGENCY-LEVEL PROTESTS (NOV 2015)

Potential bidders or offerors may submit an agency-level protest directly to the Contracting Officer (CO). As an alternative to the CO's consideration of a protest, a potential bidder or offeror may request an independent review of their protest by the NLRB Protest Deciding Official (Tashiana Carter). In either case, the agency-level protest must comply with the requirements and procedures in FAR 33.103 for submitting agency-level protests.

52.217-8 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 2 days.

52.217-9 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 2 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 Years .

52.219-17 52.219-17 Section 8(a) Award (OCT 2019)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the http://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements, delegates to the NLRB the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the NLRB Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the "Disputes" clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

52.219-18 52.219-18 Notification of Competition Limited to Eligible 8(a) Participants (MAR 2020)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer-

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d) The contractor shall notify the NLRB Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock.

52.216-20 52.216-20 Definite Quantity (OCT 1995)

(a) This is a definite-quantity, indefinite-delivery contract for the supplies or services specified, and effective for the period stated, in the Schedule.

(b) The Government shall order the quantity of supplies or services specified in the Schedule, and the Contractor shall furnish them when ordered. Delivery or performance shall be at locations designated in orders issued in accordance with the Ordering clause and the Schedule.

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that time shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 31-JUL-2026.

52.216-22 52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The

Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 31-JUL-2026.

52.216-19 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 10,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of 15,000,000;

(2) Any order for a combination of items in excess of 15,000,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-18 52.216-18 Ordering (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 01-AUG-2021 through 31-

JUL-2026.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when -

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either -

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.217-6 52.217-6 Option for Increased Quantity (MAR 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 2 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

Section IV: Any documents, exhibits, and other attachments

ID/IQ Sections

A. GENERAL INFORMATION

This is a single-award Indefinite Delivery/Indefinite Quantity (IDIQ) contract that will be used to provide commercial supplies and services that include, but not limited to the procurement of office furniture, fixtures, equipment, and related ancillary services to include delivery, installation, storage, project management, interior design, space planning, asset management, transition planning, physical relocation

(move services), and removal/excessing/recycling of furniture that is no longer needed.

During the ID/IQ performance period, the Government shall place orders totaling a minimum of

$10,00.00 (minimum guarantee). This reflects the contract minimum for the entire period of performance, including any options. The contract maximum for the entire period of performance, including any options, shall be for the placement of orders totaling a maximum of $15,000,000.00.

The SBA WMADO Requirement Number is: 0353/21/2813

B. ID/IQ LABOR RATES

Labor categories anticipated to be used under this ID/IQ contract are included in the attached Pricing

Template; however, other labor categories may be identified, and if approved, added to the contract if applicable and necessary to perform work under a specific order.

The Labor Rate Table includes fully burdened (loaded) labor rates for the five-year ordering period. The loaded hourly rates are ceiling hourly rates that shall not be exceeded. The Contractor may, at their discretion, elect to propose lower hourly rates on a task-by-task basis.

C. ID/IQ PERFORMANCE WORK STATEMENT

SEE ATTACHED.

D. PACKAGING AND MARKING

1. Payment of Postage Fees

All postage and fees related to submission of information, including forms, and reports, etc., to the

Contracting Officer, Contracting Officer’s Representative (COR), or other persons designated to receive, shall be paid by the Contractor.

2. Packaging

The Contractor shall ensure that all items are preserved, packaged, packed and marked in accordance with best commercial practices to meet the packing requirements of the carrier and to ensure safe and timely delivery at the intended destination. All data and correspondence submitted shall reference the Contract

Number, Contract Name, and Contractor Name.

E. INSPECTION AND ACCEPTANCE

Terms of Inspection and Acceptance are contained in 52.212-4. The individual Task or Delivery Order

COR, as a duly authorized representative of the Contracting Officer, shall assume the responsibilities for monitoring the contractor’s performance, evaluating the quality of services provided by the contractor, and performing final inspection and acceptance of all deliverables.

F. PERIOD OF PERFORMANCE

The period of performance for the ID/IQ is 12 months from the effective date of award plus four 12-month option periods.

• Base Period: August 1, 2021 – July 31, 2022

• Option Period One: August 1, 2022 – July 31, 2023

• Option Period Two: August 1, 2023 – July 31, 2024

• Option Period Three: August 1, 2024 – July 31, 2025

• Option Period Four: August 1, 2025 – July 31, 2026

G. CONTRACT ADMINISTRATION DATA

1. Methods of Payment:

The contractor shall invoice per individual ID/IQ order and submit invoices in accordance with FAR

52.212-4(g), Invoice. A complete invoice with all required back-up documentation shall be submitted in accordance with Clause #IPP-001, Electronic Invoicing and Payment Requirements - Invoice Processing

Platform (IPP).

For orders under the micro-purchase threshold, NLRB may utilize the Government Purchase Card as a method of payment under the ID/IQ.

2 Points of Contact:

a. NLRB IDIQ Administrator:

Julie Yarbrough

Contracting Officer (CO)

1015 Half St., SE – AMB

Washington, DC 20570

Email: Julie.yarbrough@nlrb.gov

b. NLRB IDIQ Contracting Officer’s Representative (COR):

TBD

c. ID/IQ Contractor:

TBD

H. Special Contract Requirements mailto:Julie.yarbrough@nlrb.gov

1. General

i. Any products or services to be furnished under the ID/IQ contract shall be ordered by a warranted NLRB Contracting Officer (CO). No other individuals are authorized to place orders under this ID/IQ. The contractor shall not proceed with any work under a proposed order unless authorized by the Contracting Officer. All orders are subject to the terms and conditions of this

ID/IQ contract. In the event of a conflict between an order and this contract, the contract shall control.

ii. Any order issued during the effective period of the contract and not completed within the ID/IQ performance period shall be completed by the contractor within the time period specified in the order. Work on orders may extend beyond the performance period of the ID/IQ. However, no new order may be issued once the five-year ID/IQ period has expired.

iii. There are no minimum or maximum dollar amount limitations for individual orders placed under the contract. The cumulative, ceiling amount of all orders placed under this ID/IQ is $15M.

2. Ordering Procedures

a. The contractor will be provided with a Statement of Work, Schedule of Deliverables and other additional instructions as needed for each individual order to be issued under this

ID/IQ contract. These documents collectively referred to as a Request for Order Proposal

(RFOP) and will be issued electronically via email by the Contracting Officer to the contractor.

b. The RFOP package will include special instructions that are particular to the requirement and information concerning the basis for award. The basis for award of any order will be determined by the specific programmatic needs of the agency.

3. Order Information

Each order will contain the following minimum information:

(1) Date of award

(2) Contract number and order number

(3) Total dollar amount of the order

(4) Statement of Work, Schedule of Deliverables and any special instructions

(5) Period of performance

(6) Accounting and appropriation data

(7) Any other pertinent information

The Contractor shall submit separate invoices for each order.

4. Types of Orders

The Government contemplates issuing, on an as-needed-basis, Firm-Fixed-Price (FFP) orders under the

ID/IQ.

5. Extensions After Award

It is the intent of the Government that all orders be completed within the time frame specified in each order. Any request for an extension beyond the initial period of performance specified in the order will be granted on a case by case basis. It is not to be assumed that all requests for extension will be granted.

6. Contract Administration Data

All contract administration must be executed by the Contracting Officer except as delegated to the

Contracting Officer’s Representative (COR). In no event will any modification, change order or other matter in deviation from the terms of scope of this contract be effective or binding unless formalized by proper contractual documents by the Contracting Officer.

In the event the contractor makes any changes to the terms or scope of this contract at the direction of any person other than Contracting Officer, the change will be considered to have been made without proper authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

7. Resolution of Issues

In the event issues pertaining to a proposed task cannot be resolved to the satisfaction of the CO, the CO reserves the right to withdraw and cancel the proposed task. In such event, the contractor shall be notified in writing of the CO’s decision.

8. Unauthorized Work

The contractor is not authorized at any time to commence order performance prior to issuance of a signed order or other written approval provided by the CO to begin work.

9. Order Evaluation Reports (CPARS)

The government is required to prepare formal evaluation reports and assign performance ratings to the contractor's performance of each order meeting the threshold in FAR 42.1502(b). The reports will be considered in the government’s unilateral exercise of option year renewals, and when placing additional orders. The reports will be available to other Federal agencies seeking past performance information.

10. Post Award Conference/Periodic Progress Meetings

The contractor (Program Manager and/or his alternate) shall attend any post award conference convened by the Contracting Officer in accordance with Federal Acquisition Regulation Subpart 42.5. The

Contracting Officer’s Representative (COR), and other Government personnel as appropriate, will meet as required with the contractor to review progress. The agenda for these meetings may include contractor activities, problems encountered or anticipated and actions taken or recommendations for their resolution.

At these meetings, the Government will apprise the contractor of how the government views the contractor's performance and the Contracting Officer will take appropriate action to resolve outstanding issues. The contractor shall document the issues discussed at these meetings, as well as track the status of any action items. The contractor shall submit the documentation of these meetings to the COR.

11. Conduct of Contractor Employees

The contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary to ensure satisfactory contract performance.