A17021_RFP.pdf

A17021

SOLICITATION, OFFER AND AWARD

4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER

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

ORDER UNDER DPAS (15 CFR 700)

6. REQUISITION/PURCHASE NUMBER

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

NEGOTIATED (RFP)

SEALED BID (IFB)

5. DATE ISSUED

1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES

1 69

EXT.NUMBERAREA CODE

B. TELEPHONE (NO COLLECT CALLS)A. NAME

10. FOR

INFORMATION

CALL:

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.

(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the

SOLICITATION

9. Sealed offers in original and

PART IV - REPRESENTATIONS AND INSTRUCTIONS

OTHER STATEMENTS OF OFFERORS

EVALUATION FACTORS FOR AWARD

INSTRS., CONDS., AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND

LIST OF ATTACHMENTS

CONTRACT CLAUSES

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

I

J

K

L

M SPECIAL CONTRACT REQUIREMENTS

CONTRACT ADMINISTRATION DATA

DELIVERIES OR PERFORMANCE

INSPECTION AND ACCEPTANCE

PACKAGING AND MARKING

DESCRIPTION/SPECS./WORK STATEMENT

SUPPLIES OR SERVICES AND PRICES/COSTS

SOLICITATION/CONTRACT FORM

PART II - CONTRACT CLAUSESPART I - THE SCHEDULE

H

G

F

E

D

C

B

A

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

11. TABLE OF CONTENTS

18. OFFER DATE17. SIGNATURE

SUCH ADDRESS IN SCHEDULE.

IS DIFFERENT FROM ABOVE - ENTER

15C. CHECK IF REMITTANCE ADDRESS

EXT.NUMBERAREA CODE

15B. TELEPHONE NUMBER

(Type or print)AND

ADDRESS

OF

OFFEROR

CODE FACILITY

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME

DATEAMENDMENT NO.DATEAMENDMENT NO.

and related documents numbered and dated):

amendments to the SOLICITATION for offerors

(The offeror acknowledges receipt of

14. ACKNOWLEDGEMENT OF AMENDMENTS

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

(See Section I, Clause No. 52.232.8)

13. DISCOUNT FOR PROMPT PAYMENT

designated point(s), within the time specified in the schedule.

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 price set opposite each item, delivered at the

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

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

OFFER (Must be fully completed by offeror)

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

28. AWARD DATE

(Signature of Contracting Officer)

27. UNITED STATES OF AMERICA

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

CODE 24. ADMINISTERED BY (If other than Item 7)

ITEM

(4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

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

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED

AWARD (To be completed by government)

CODE

03/10/2017 X

1-IRS NON-IT (OTPS)

IRS non-IT (OTPA) Internal Revenue Service Procurement OS:PR:T, Stop C7-430 5000 Ellin Road Lanham MD 20706

IRS Office of Procurement Attn: Corey DiBenedetto 7980 Science Applications Court Vienna, VA 22182

1100 ET 04/12/2017

COREY DIBENEDETTO

C. E-MAIL ADDRESS

COREY.DIBENEDETTO@IRS.GOV

X

X

X

X

X

X

X

X

X

X

X

X

X

PAGE(S)

ALETA DUST

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

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

[see L.6(a)]

RFP A17021

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

1. Contract Type

This is a hybrid, with firm-fixed-price (FFP), fixed-rate (FR), and cost-plus-fixed-fee (CPFF) contract line items. The Contract Line Item Number (CLIN) tables are provided in Attachment J.01.

FFP CLINs must be inclusive of all direct and indirect costs (such as technical and management labor, equipment, hardware, software, licensing, travel, facility, expendable items, and fees) required to perform the work requirements related to that

CLIN.

FR CLIN unit prices must be inclusive of all direct and indirect costs (such as technical and management labor, equipment, hardware, software, licensing, travel, facility, expendable items, and fees) required to perform the work requirements related to that

CLIN.

CPFF CLINs must be inclusive of all allowable costs and a fixed fee. The fixed fee amount will not vary with actual cost of performance.

2. Estimated Cost and Fixed Fee

(a) The estimated cost of the cost-reimbursement contract line items is [estimated to be between $20 million and $25 million].

(b) The fixed fee for this contract is $[to be included in the award].

(c) The total ceiling price of this contract (FFP, FR, and CPFF CLINs combined) is [to be included in the award].

3. Service Contract Act Wage Determination

This requirement is subject to the Department of Labor (DOL) Service Contract Act. The Contractor shall utilize the wage determination applicable to the location of the site performance occurs. Wage determinations may be found at:

http://www.wdol.gov/sca.aspx.

4. FAR Clause 52.217-8 Pricing

This contract includes FAR Clause 52.217-8 Option to Extend Services, which may be exercised by the Government at any time during the life of this contract. Should the Government elect to exercise this option, the prices established in the period effective prior to the 52.217-8 period will be utilized during the 52.27-8 extension period(s).

5. Travel

(a) It is anticipated that the Government will request the Contractor to attend various meetings, conferences, briefings or other events related to this contract in person.

Costs associated with employee commuting or standard Contractor operations (such as conducting quality control or inventory visits) is not reimbursable as a direct cost under this contract.

(b) Travel shall be in accordance with Federal Travel Regulations. Travel must be authorized in advance and in writing by the Contracting Officer’s Representative.

(c) Authorized travel is a cost-reimbursement CLIN. Cost will be based on actual reasonable expenses incurred, as shown by receipts. Travel expenses include fares (airline, train, bus, taxis), car rental fees and mileage, lodging and meals.

(d) Administrative support (coordination of travel arrangements, etc.) is the responsibility of the Contractor.

6. Performance Incentives – Deduction Schedule

Deductions contained in Attachment J.04– Performance Requirements Summary shall be applied in the event that performance requirements are not met for specified activities to reduce total funds due to the Contractor. If the Government determines through its quality assurance activities that a performance requirement element that includes a deduction has not been met, it shall notify the Contractor in writing of the amount due to the Government, in accordance with the deductions contained in Attachment J.04, and apply the deduction amount to the next invoice it receives. The processing time for the last invoice issued under the contract will be thirty (30) days longer than the invoice processing time stipulated elsewhere in the contract, so that the Government will have sufficient time to calculate and take its final deduction.

7. Accountability of Costs and Segregation of CLINs

All costs incurred by the Contractor under the contract must be segregated by applicable CLIN. The Contractor shall, therefore, establish separate Job Order Accounts and Numbers for each CLIN issued and shall record all incurred costs in the appropriate job order account assigned to each CLIN. There shall be no commingling of costs between CLINs.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Contractor shall provide the necessary supplies and services as described in Attachment J.02, Statement of Work, and which is incorporated into Section C by this reference as if fully set forth herein.

SECTION D – PACKAGING AND MARKING

1. Electronic Reports and Files

(a) Reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:

1. Name and business address of the Contractor;

2. Contract number and delivery title/number (if applicable);

3. Date of report; and

4. Program Office.

Less formal files (including attachments to reports) must provide the same information clearly on the first page.

(b) Electronic reports and files shall be submitted in Word (.doc/.docx), Excel (.xls/.xlsx) or .pdf format, unless specified otherwise by the Contracting Officer’s Representative.

(c) All reports and files become the property of the Department of the Treasury.

Reports shall not contain markings or legends which restrict the Department’s use in any way.

2. Preservation, Packing, and Marking

(a) Marking. All information submitted to the CO or the COR must include the contract number. The Contractor shall place the contract number on or adjacent to the exterior shipping label.

(b) Packing. Unless otherwise specified, all material shall be preserved, packaged, and packing in accordance with best commercial practices and adequate to ensure acceptance by common carrier and safe arrival at the destination.

(c) Magnetic Media. If magnetic media such as CDs and DVDs are involved, packaging shall clearly identify the contents and provide a warning for protection against exposure to magnetic fields or temperature extremes.

3. Wrapping, Containerization, Preservation, and Identification

The Contractor shall comply with all containerizing, preservation, and identification labeling requirements that are set forth in the Statement of Work.

SECTION E – INSPECTION AND ACCEPTANCE

1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: https://acquisition.gov/far/index.html DTAR: http://www.treasury.gov/about/organizational-structure/offices/Mgt/Pages/ProcurementPolicy-Regulations.aspx

(End of clause)

FEDERAL ACQUISITION REGULATION CLAUSES (FAR) DATED

52.246-4 Inspection of Services – Fixed Price Aug 1996 52.246-5 Inspection of Services – Cost Reimbursement Apr 1984 52.246-16 Responsibility for Supplies Apr 1984

2. Inspection and Acceptance

Inspection and acceptance of all work performed under this contract shall be by the Contracting Officer, Contracting Officer’s Representative, or another representative authorized by the Contracting Officer. Site inspections may occur at any location covered by this contract.

The Government will conduct a review of any report submitted by the Contractor for completeness, and compliance with the requirements as specified in the Statement of Work. If the Government determines that there are omissions, errors or deficiencies, due to the Contractor’s lack of diligence in research, preparation etc., the Contractor shall make the necessary modifications that will allow the Government to accept the report. The above corrections, revisions, etc., made pursuant to this paragraph will be in accordance with the terms of the applicable Inspection of Services clause.

3. Use of Performance Requirement Summary (PRS)

In addition to the other provisions of this Section E, the Government will inspect services in accordance with the Performance Requirements Summary, provided in Attachment J.04.

4. IRSAP Clause IR1052.242-9000 Post Award Evaluation of Contractor Performance (Mar 2011)

(a) Contractor Performance Evaluations

Interim and final evaluations of Contractor performance will be prepared in this contract in accordance with FAR Subpart 42.15. A final performance evaluation will be prepared at the time of completion of work. In addition to the final evaluation, interim evaluation will be prepared annually to coincide with the anniversary date of the contract.

Interim and final evaluations will be provided to the Contractor as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. Any disagreement between the parties regarding an evaluation will be referred to the Reviewing Official (e.g., an individual one level above the Contracting Officer) whose decision will be final.

Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

(b) Electronic Access to Contractor Performance Evaluations

Contractors that have Internet capability may access evaluations through a secure Web site for review and comment via the Internet at https://www.cpars.gov.

The Contractor is required to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. In addition, the Contractor shall identify an alternate contact who will be responsible for notifying the cognizant contracting official in the event the primary contact is unavailable to process the evaluation within the required 30-day time frame.

SECTION F – DELIVERIES OR PERFORMANCE

effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: https://acquisition.gov/far/index.html

FEDERAL ACQUISITION REGULATION CLAUSES (FAR) DATED

52.242-15 Stop Work Order

Alternate I Aug 1989

52.242-17 Government Delay of Work Apr 1984 52.247-34 F.O.B. Destination Nov 1991 52.247-48 F.O.B. Destination – Shipment of Work Feb 1999

2. Period of Performance

The period of performance is [actual dates to be provided upon award]:

Transition Period Base Period Option Year 1 Option Year 2 Option Year 3 Option Year 4

3. Federal Holidays

(a) The Government observes the Federal holidays found at:

https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays.

(b) When specified by Federal Statute, the Office of Personnel Management, an Executive Order or President’s Proclamation, additional days (e.g. snow days, inauguration, or emergencies) may be designated as days off (non-work days) for Federal personnel. Such events may be limited to particular locations, and not be effective countrywide.

(c) Unless otherwise specified, routine operations that require Government personnel shall not be scheduled on Federal holidays or other non-work days that affect those personnel.

(d) The Contractor may conduct work that does not require Government personnel participation on Federal holidays and non-work days. Work performed on holidays, weekends, or other non-work days shall be billed at the “normal” unit prices.

4. Place of Performance

The Contractor must have to ability to perform the required services supporting locations in the United States (50 states and the District of Columbia), its territories, its outlying possessions, and internationally.

5. Travel

Travel is expected during the performance of this contract. Travel may occur to any location covered by this contract.

SECTION G – CONTRACT ADMINISTRATION DATA

1. Contracting Officer (CO)

(a) COs have the authority to enter into, administer, and terminate contracts on behalf of the Federal Government. COs are responsible for ensuring performance of all necessary actions for effective contracting and compliance with the terms of the contract. Only COs acting within the scope of their authority are empowered to execute awards and modifications on behalf of the Government.

(b) No changes in or deviations from the work stated or terms of this contract shall be effective without a modification executed by a CO. In the event the Contractor makes any changes at the direction of any person other than the CO, the change will have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. No costs incurred due to an unauthorized action will be compensated. Requests for changes to the contract must be emailed to the CO.

(c) The administrative contracting office is:

Internal Revenue Service Office of Procurement OS:PR:T, Stop C7-430 5000 Ellin Road Lanham, MD 20706

2. DTAR 1052.201-70 Contracting Officer’s Representative (COR)

Appointment and Authority (Apr 2015)

(a) The COR is [to be provided upon award].

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated by the CO in writing. The term “technical direction” includes, without limitation, direction to the Contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the Contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises, or otherwise controls the actions of the Contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the CO.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the CO no later than the beginning of the next Government work day.

3. Designated Agency Representative (DAR)

(a) DARs will be designated by the COR in writing.

(b) TFF Participating Agencies. With the exception of the Office of Foreign Assets Control DAR, the duties of a DAR includes performing Contractor oversight visits, and reporting findings to the COR for incorporation or consideration into Government determinations regarding the contract or the Contractor’s performance of the contract.

(c) Office of Foreign Assets Control (OFAC). OFAC has authority to block persons or entities that pose threats to the economy, national security, or foreign policy goals.

As a result any and all property located in the United States that is owned by such a person or entity is blocked. It is the responsibility of the OFAC DAR to work with the Contractor on any issues referencing the blocked property. The OFAC DAR also monitors security practices to be sure they are in compliance with the procedures outlined in the Statement of Work, and coordinates with the Contractor in the sale of OFAC Real Property. When OFAC Real Property is sold it is the responsibility of the OFAC DAR to ensure the Contractor complies with OFAC licensing procedures in regard to depositing proceeds from the sale of blocked property into designated blocked accounts.

4. Service Orders (SOs)

(a) SOs provide specific service and site information.

(b) Only a COR or DAR may issue a SO. Upon receipt of a proper SO from a DAR, the Contractor shall submit a copy of the SO to the COR no later than five (5) business days after receipt of the SO.

(c) SOs are issued against CLINs in a draw-down manner, meaning that as SOs are placed by approved personnel, the COR will subsequently credit the cost of the SO against the applicable CLINs and only what amount is remaining on each

CLIN is available for expenditure on future SOs. In no case may the sum of all SOs exceed the obligation of a CLIN. The Contractor shall not perform a SO that exceeds a CLIN obligation. When following the procedure of FAR 52.232-20(b) or FAR 52.232-22(c), the Contractor shall send the notification to both the CO and all CORs listed in the contract.

(d) If the Contractor should receive a SO from the Government that is not identified with a specific agency or CLIN(s), then the Contractor shall not act upon that service until the Government has clarified its intent and relate the SO to the appropriate CLIN(s).

5. Approval Thresholds and Responsibilities of Personnel

(a) Different parties and personnel are authorized to grant approval for expenditures associated with this contract.

DOLLAR AMOUNT APPROVAL BY

$1 - $1,500 Contractor $1,501 - $10,000 Appropriate Seizing or Blocking Agency DAR $10,001 and up CO, COR (with written concurrence from DAR)

(b) For expenditures at or above $1,501, the Contractor shall submit a written request to the appropriate DAR. The DAR must provide written approval prior the expenditure occurring.

(c) For expenditures at or above $10,001, the appropriate Seizing or Blocking Agency DAR shall submit the request to the CO and COR for written approval prior to the expenditure occurring.

6. Correspondence Procedures

To promote timely and effective administration, correspondence (except for invoices) submitted under the contract shall be subject to the following procedures, unless otherwise stated in the contract:

(a) Technical Issues: Technical correspondence addressing technical issues shall be addressed to the COR, with an informational copy of the correspondence to the CO.

(b) Non-Technical Issues: Invoicing issues shall be addressed to the COR and the CO.

All other contractual and other non-technical issues (including waivers, deviations, or modifications to the requirements, terms, or conditions of the contract) shall be addressed to the CO.

7. Key Personnel

(a) The key personnel cited below are considered essential to the work being performed under this contract.

(b) If these individuals leave the Contractor's employ or are reassigned to other programs, the Contractor shall notify the Contracting Officer reasonably in advance

(see paragraphs c. and d.) and shall submit written justification of the change and the resumes of proposed substitutions in sufficient detail to permit evaluation of the impact on the program. No diversion or replacement shall be made by the Contractor without the written consent of the Contracting Officer.

(c) Except as provided in paragraph (d) of this clause, at least thirty (30) days (sixty (60) days if security clearance is required) in advance of the proposed substitution or addition, all proposed substitutions or additions of Key Personnel must be submitted in writing to the CO, including the information required in paragraph (e) of this provision.

(d) When Key Personnel become unavailable because of sudden illness, death or termination of employment, within five (5) days of knowledge the Contractor shall notify the CO in writing of the event and who will be performing, if required, as the temporary substitute. Within fifteen (15) days following the notice, the Contractor shall submit in writing to the CO, proposed substitutions or additions for the unavailable individuals.

(e) New key personnel must have qualifications at least equal to those of their predecessor.

(f) Key Personnel:

Project Manager Risk Manager/Quality Control Manager* SEACATS Data Quality Manager* [Names to be included upon award.] Title Clearance Coordinator* Marketing/Sales Manager* *The starred positions should not be taken to mean that the Government requires the Contractor to staff one individual per position or specifically use these titles. These functions may be combined to one individual or covered by multiple individuals to achieve the most cost-effective and technically-efficient staffing.

(g) Contractor Project Manager.

The Contractor shall designate a Project Manager. Performance of the contract shall be the primary responsibility of the Contractor’s Project Manager.

The Contractor’s Project Manager for the contract shall have the authority to make any no-cost contract technical, hiring and dismissal decisions, or special arrangements regarding the contract. The Project Manager shall be responsible for the overall management and coordination of the contract and shall act as the central point of contact with the Government. The Project Manager shall also have the authority to make any changes to the contract, both cost and non-cost, which will be binding on the Contractor.

The Project Manager shall have the authority to act for the Contractor in the performance of the required services. The Contractor shall identify designated representatives to act on behalf of the Project Manager as needed. The Contractor shall provide written, forty-eight (48) hour advance notice of such designations to the CO and COR, and such designations are subject to approval by the CO and COR. The

Project Manager, and any individuals designated to act in that capacity, shall have full authority to contractually bind the Contractor for prompt action on matters pertaining to execution of the contract.

The Project Manager shall meet with the COR to discuss problem areas as they occur.

The Project Manager and all designated representatives shall be able to fluently read, write, and speak the English language.

8. Invoicing

(a) Invoice Content.

(i) See FAR 52.232-25 for the contents of a proper invoice.

(ii) All Contractor invoices and vouchers shall include Standard Form (SFs) 1034 and 1035, Public Voucher for Purchases and Services Other Than Personal, completed as applicable. SFs are found at: http://www.gsa.gov/portal/forms/type/TOP.

(iii) The Contractor shall submit itemized invoices or vouchers segregated by the participating Treasury Forfeiture Fund (TFF) Agencies and OFAC. Each invoice or voucher shall be segregated by the applicable charges for Firm-Fixed Price, Fixed Rate per Unit of Measure (Fixed Rate), or Cost-Plus-Fixed-Fee Contract Line Item Number (CLINs), for the invoice period, as applicable.

(iv) Invoices shall only contain charges incurred in a single Government fiscal year. A separate invoice shall be submitted if reimbursement is sought for work occurring across two (2) Government fiscal years or during a prior Government fiscal year.

(v) A statement substantially the same as follows shall be placed by the Contractor on each first (1st) page of the Contractor's invoices:

CERTIFICATION – I certify that services listed have been performed in accordance with the contract and that all personnel hours or other costs and prices are true, correct, and have not been previously billed.

A responsible official of the Contractor must sign and date under the statement above on each invoice.

(b) Submission Instructions.

(i) Accurate and timely invoices or vouchers shall be submitted on a monthly basis by 5:00pm ET on the fifteenth (15th) of the following month, or next business day if the 15th is on a weekend or federal holiday.

(ii) Invoices shall be submitted in electronic format to the COR.

9. Invoice Dispute Resolution

The Contractor shall ensure that each invoice contains all pricing components in sufficient detail to reconcile charges with actual usage or completed task orders.

Invoices shall be accurate and complete. Incorrect invoices shall be resubmitted to Treasury after all errors have been corrected. Resolution of billing errors shall be performed within thirty (30) calendar days from the time the Contractor is notified. The Contractor shall ensure that all charges, credits, and debits are shown on the invoice and that no additional data is required by Treasury to verify the price of a call or feature and to verify the amount of discounts, credits, or debits.

The Contractor shall identify a single point of contact dedicated to resolving all billing issues related to this contract, who, at the request of Treasury, shall be available to meet with Treasury personnel to explain invoice charges. The Contractor shall notify the COR and CO to facilitate dispute resolution.

10. Financial Data Archiving

The Contractor shall maintain all paid and unpaid invoices and other related records as raw data for duration of two (2) years following completion of the Contract. The Contractor shall archive all paid and unpaid invoices and other related records electronically throughout the life of the Contract.

11. Contractor’s Proposal

The Contractor’s proposal, or portions thereof at the discretion of the CO, shall be incorporated by reference and made a part of the contract.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

1. Meetings, Conferences, and Briefings

The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings relating to the functions and services described herein as required by the Government to provide effective communication and impart necessary information. These meetings include, but are not limited to, the meetings described in Paragraphs C.1.4.2.4 and C.1.4.2.5 of the Statement of Work.

The Contractor shall participate in meetings with customers and other Contractors as required by the Government.

Meeting attendees shall at times include Contractor managerial, supervisory, and/or other Project Personnel knowledgeable of the subject matter. Meetings will generally be held during the core business hours, but may start or end outside of those times as conditions warrant.

When the Contractor is the representative of the Government at meetings or conferences, a report shall be furnished to the COR within two (2) business days after meeting completion. The report shall include a description of the meeting topic and its time and place, a list of the attendees, changes in procedures, general observations and conclusions or recommended actions, and any additional information, such as handouts.

2. Service Orders

Only the COR or DARs may issue a Service Order (SO). All SOs may only include Fixed Rate CLINs from the contract. SOs issued without these CLINs are invalid and unauthorized. If the Contractor receives a SO from the Government that is not identified with specific Fixed Rate CLINs from the contract utilizing specified established contract services, then the Contractor shall not act upon that service until the Government has clarified its intent and provide a proper SO.

Upon receipt of a proper SO, the Contractor shall submit a copy of the SO to the COR no later than five (5) business days after receipt of the SO.

SOs will be issued against the contract in a draw-down manner, meaning that as SOs are placed by approved personnel, the COR will subsequently credit the cost of the SO from the associated CLIN, and only what amount is remaining on the CLIN after such draw-down will be the available funds remaining for future actions. If additional funds are required, the COR and DARs are responsible for ensuring funds are available and obligated on the applicable CLIN by the CO prior to SO placement. In no case may a SO exceed the available funds remaining on the CLIN(s).

For each SO the Contractor shall submit a firm-fixed-price for the requested services and perform the SO on a firm-fixed-price basis.

3. DTAR 52.228-70 Insurance (Apr 2015)

In accordance with Federal Acquisition Regulation (FAR) clause 52.228-5, entitled “Insurance – Work on a Government Installation”, insurance of the following kinds and minimum amounts shall be provided and maintained during the entire period of performance of this contract:

(a) Workers’ compensation and employer’s liability. The Contractor shall, at a minimum, meet the requirements specified at FAR 28.307-2(a);

(b) General liability. The Contractor shall, at a minimum, meet the requirements specified at FAR 28.307(2)(b);

(c) Automobile liability. The Contractor shall, at a minimum, meet the requirements specified at FAR 28.307(2)(c).

4. Other Required Insurance

Insurance of the following types and minimum amounts shall also be procured and maintained by the Contractor during the entire period of performance under the contract, unless otherwise provided by its subcontractor or vendor.

(a) Real Property: All real Property shall be insured for physical loss or damage to the property and include coverage for third party injury at such property; and

(b) Pollution/Environmental Risks: Insurance coverage will be obtained for pollution and environmental risks on a case-by-case basis as directed by the Contracting Officer (CO), who will consider studies performed and submitted by the Contractor.

Within ten (10) calendar days after contract award, the Contractor shall furnish to the CO a plan or methodology for obtaining any such additional required insurance. FAR 52.228-5, entitled “Insurance—Work on a Government Installation” which is incorporated by reference in Section I of the contract, shall apply to any such additional required insurance. Real Property shall be considered “property in the care, or control of the Contractor” for purposes of FAR 52.228-7, entitled “Insurance – Liability to Third Persons” Furthermore, the Contractor shall be liable and will not be reimbursed for costs (including costs of the Government) associated with the loss, damage, theft, or improper destruction of Real Property within the care, custody or control of the Contractor. Throughout the duration of the contract, the Contractor shall survey all Government property and Real Property in its custody and make recommendations as to whether greater insurance should be obtained and if so, what kind of additional amounts.

The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective until ten (10) calendar days after written notice thereof to the CO.

5. News, Releases, and Publicizing Award

Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of the contract in any news release or commercial advertising without first obtaining explicit written consent to do so from the CO.

The Contractor agrees not to refer to the contract award in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government, or it is considered by the Government to be superior to other products or services.

Under no circumstance shall the Contractor, or anyone acting on behalf of the Contractor, release any contract information including the names of contracting and technical personnel to the general public. Any request for information from the general public shall be directed to the appropriate Department of the Treasury (Treasury) officials responsible for release of information to the general public.

6. Security Background Data

(a) Project Personnel – General

Project Personnel who require access to Government-owned or controlled facilities, information systems, security items, products, and/or sensitive but unclassified information, shall either be U.S. citizens or have lawful permanent resident status.

The Contractor shall notify the COR and CO in writing via fax or email no later than one

(1) business day after any Project Personnel changes occur. This includes, but is not limited to, name changes, resignations, terminations, and reassignments (i.e., to another contract). All Project Personnel shall successfully pass a police background check, an e-verify check, and fingerprint check.

(b) Project Personnel – Designated SEACATS Operators

Any Project Personnel who will require or may any access to the Seized Asset and Case Tracking System (SEACATS) or will or may have responsibility for the work performed using SEACATS under the contract must, prior to any such access or performance of any such work, favorably pass a full field five (5) year employment background investigation and possess an appropriate level of Public Trust Certification from the U.S. Customs and Border Protection (CBP). As part of any such investigation and certification process, the Government will conduct background checks and review information submitted by the individuals, obtain fingerprint checks, and conduct other appropriate investigations. Investigations will include criminal record check, credit check, and prior work performance history. Within ten (10) business days after award of the contract, the Contractor shall submit a list containing the full name, social security number, and date of birth of those people who claim to have successfully passed a background investigation by CBP, or submit such information and documentation as may be required by the Government to have a background investigation performed for all Project Personnel who will require or may have any access to SEACATS or responsibility for the work performed using SEACATS under the contract. The information must be correct and be reviewed by a CBP Security Official for completeness. Normally this shall consist of Optional Form (OF) 306, Standard Form (SF) 85P, "Questionnaire for Public Trust Positions;" TDF 67-32.5, "Authorization for Release of Information;" Federal Bureau of Investigation (FBI) Form FD-258, "Applicant Fingerprint Card"; and a Financial Statement. Failure of any Contractor Project Personnel to pass a background investigation shall be cause for the candidate's dismissal from the project and replacement by a similar or equally qualified candidate as determined and approved by the CO. This policy also applies to any Project Personnel hired as replacements for such personnel during the term of the contract.

Processing speed is contingent on the level of trust and workload, and may take an indefinite period of time, if significant issues arise. A minimum of ninety (90) calendar days is required to conduct personal background investigations. In order for the Government to conduct background investigations, the Contractor shall provide information on such project personnel ninety (90) days prior to the date access to the system is required.

The Contractor shall also provide a listing of SEACATS access terminations within one

(1) business day of termination or earlier.

7. Organizational Conflicts of Interest

The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances that could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information in writing to the CO.

The Contractor is responsible for notifying Treasury of any actual or potential organizational conflict of interest that arises after contract award. The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor shall make a full disclosure in writing to the CO no later than three (3) business days after discovery, to include conflicts or potential conflicts that may surface at the subcontract level. This disclosure shall include a description of actions which the Contractor has taken, or proposes to take, after consultation with the CO, to avoid, mitigate, or neutralize the actual or potential conflict.

The CO may impose appropriate constraints to avoid or mitigate any actual or potential organization conflict of interest. The CO may terminate the contract for convenience, in whole or in part, if he/she deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware, or should have been aware, of a potential organizational conflict of interest prior to award, or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the CO, the Government may terminate the contract for default, recommend suspension or debarment of the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or the contract.

The Contractor further agrees to insert provisions which shall conform substantially to the language of this clause in any subcontract or consultant agreement hereunder.

8. Data and Information

(a) Data Definition

The term “data” as used in Clause H.6 has the same meaning as the meaning of “data” set forth in FAR 52.227-17, which is incorporated by reference in Section I of the contract.

(b) Data Preparation, Recording, And Storage

Unless otherwise specified in the contract, the Contractor shall prepare, record, and store all data delivered or first produced in the performance of the contract or provided by the Government to the Contractor for performance of the contract using generally accepted commercial standards (i.e., best practices). The Government reserves the right to require the Contractor to change the method of preparation, recording, and storage of such data.

(c) Creation and Maintenance of Files

The Contractor shall create and maintain files delivered or first produced in the performance of the contract or provided by the Government to the Contractor for performance of the contract in accordance with the records management legislation as codified at 44 United States Code (U.S.C.) Chapters 21, 29, 31, and 33, the Freedom of Information Act (5 U.S.C. 552), and the Privacy Act (5 U.S.C. 552a) and shall be scheduled for deposition in accordance with 36 U.S.C. 1228, whether in hardcopy or via the Government-furnished document imaging system. The Government reserves the right to require the Contractor to change the method of creation and maintenance of such files.

(d) Data As Records

Unless otherwise determined by the CO, all data created, acquired, or used by the Contractor during the performance of the contract that is created by or for Government use and subsequently delivered to, or falling under the legal control of the Government, are considered to be Federal records. Federal records shall be managed in accordance with the records management legislation as codified at 44 U.S.C. Chapters 21, 29, 31, and 33, the Freedom of Information Act (5 U.S.C. 552), and the Privacy Act (5 U.S.C.

552a) and shall be scheduled for deposition in accordance with 36 U.S.C. 1228.

(e) Destruction And Retirement

The Contractor shall not destroy or retire records, documents, or media created by or for the Government in the performance of the contract without prior written approval of the COR. Records, documents, or media approved for destruction or retirement shall be destroyed or retired in accordance with the appropriate current National Archives and Records Administration (NARA) General Records Schedule for retention or disposal of the class of records, documents, or media per 36 U.S.C. 1220.12 and 44 U.S.C. 3301.

(f) Ownership of Data

All data acquired, delivered or first produced in the performance of the contract, except the Contractor’s internal business files, are Government property and shall be provided to the Government upon completion or termination of the work with no limiting provisions or expiration dates. The Contractor shall not include statements of proprietary ownership on any such data.

(g) Ownership of Real Property Marketing and Sales Materials

Marketing materials submitted to the Government under the contract, such as exhibits, brochures, catalogs, white papers, presentations, mailing lists and mailing list extracts, videos, and all additional promotional materials (electronic or otherwise) shall be and remain the property of the Government.

(h) Files Management and Security

Government-furnished files in existence at the contract performance start date and those generated under the contract shall be maintained securely. Files shall be transferred to the Government upon completion of the retention period or last day of contract performance, whichever comes first. Such files are property of the Government.

9. Disclosure of Information

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of the contract, and shall not be divulged or made known, in any manner, to any persons, except as may be necessary, in the performance of the contract.

In performance of the contract, the Contractor assumes responsibility for protection of the confidentiality of Government records, and shall ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees.

Each officer or employee of the Contractor, Project Personnel, or any of its subcontractors, to whom any Government record may be made available or disclosed shall be notified in writing by the Contractor that information disclosed to such person or party can be used only for a purpose and to the extent authorized herein. Further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the U.S., or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten (10) years, or both.

To the extent that the work under the contract requires that the Contractor be given access to confidential or proprietary business, technical, or financial information belonging to the Government or other companies, the Contractor shall after receipt thereof, treat such information as confidential and agrees not to appropriate such information to its own use or to disclose such information to third parties unless specifically authorized by the CO in writing. The foregoing obligations, however, shall not apply to:

(1) Information which, at the time of receipt by the Contractor, is in public domain;

(2) Information which is published by its owner after receipt thereof by the Contractor or otherwise becomes part of the public domain through no fault of the Contractor;

(3) Information which the Contractor can demonstrate was in its possession at the time of receipt thereof and was not acquired directly or indirectly from the Government or other companies; or

(4) Information which the Contractor can demonstrate was received by it from a third party that did not require the Contractor to hold it in confidence.

The Contractor shall obtain the written agreement, in a form satisfactory to the CO, of each Project Personnel permitted access, whereby the Project Personnel agrees that he/she will not discuss, divulge or disclose any such information or data to any person or entity except those persons within the Contractor's organization directly concerned with the performance of the contract.

The Contractor agrees, if requested by the Government, to sign an agreement identical, in all material respects, to the provisions of this clause, with each company supplying information to the Contractor under the contract, and to supply a copy of such agreement to the CO.

This clause shall flow down to all appropriate subcontracts.

10. Response to Communications from the Public/Media

When communicating with members of the public or representatives of the media, the Contractor is only authorized to release general information relative to its role as the Real Property Contractor. However, any request for seizure or blocking action specific or agency specific information should be referred to the appropriate Public Affairs Officer of the subject agency for response. Additionally, any request related to Treasury’s management of the Real Property program(s) and/or the Treasury Forfeiture Fund (TFF) shall be referred to the Treasury Executive Office for Asset Forfeiture (TEOAF). Any request from the media to gain access to Real Property shall be approved in advance by the CO and the COR. Most communications to the public concern approved sales and hours of operations, and can be carried out in accordance with the Contractor’s approved Marketing and Sales Plan. Rarely, the Government may request the Contractor’s input on official responses to controlled correspondence, i.e., from higher Government officials or attorneys.

11. Purchase Of Real Property

Project Personnel and Contractor employees/subcontractors/vendors, including their immediate families (i.e., parents, spouse, or children living in the same household), are NOT authorized to bid on or purchase any Real Property offered for sale. The Contractor shall implement this policy, and shall assure that Project Personnel and Contractor employees, agents, subcontractors, and vendors, including their immediate families, comply with this requirement. See also Paragraph C.4.11.7.3 of Section C, Statement of Work.

12. Compliance Requirements

The Contractor shall not manage or dispose of Real Property in violation of Federal, state, or local laws governing the transportation, storage, or disposition of property or conveyances. The Contractor shall comply with all appropriate existing and future Federal, state, and local laws, rules, regulations, directives, procedures, and guidelines prescribing the requirements for the custody, management, and disposition of property.

13. Government Right in Automated and Manual Systems, Procedures, and Documentation

All systems (both automated and manual), forms, manuals, files, records, procedures, documents, software, and other operational material developed or produced at Government expense…