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SOLICITATION NO. BEP-RFP-14-0298
SECTION B – SCHEDULE OF SUPPLIES
B.1
SCHEDULE OF ITEMS AND PRICES – FIXED-PRICE RESEARCH AND DEVELOPMENT
CLIN
SUPPLIES/SERVICES
UOM*
UNIT PRICE
BASE PERIOD: To be completed at award Technology Development
DL
OPTION PERIOD I: To be completed at award
Continued Technology Development
OPTION PERIOD II: To be completed at award
OPTION PERIOD III: To be completed at award
OPTION PERIOD IV: To be completed at award
TOTAL AMOUNT OF THE CONTRACT:
*Unit of Measure is in Dollars (DL).
SECTION C – PERFORMANCE-BASED STATEMENT OF OBJECTIVES
C.1 GENERAL REQUIREMENTS
(a) Background: The Bureau of Engraving and Printing (BEP) is a component of the Department of the Treasury that designs, engraves, and prints U.S. currency and other U.S. security products. U.S. currency manufacturing occurs at BEP’s Eastern Currency Facility (ECF) located in Washington, DC and Western Currency Facility (WCF) located in Fort Worth, TX. BEP’s primary customer is the Federal Reserve Board (FRB).
(b) Objective: The objective of this requirement is to obtain the most advanced micro optic array technology for use as features in U.S. currency by having the vendor develop fully functioning optical features exemplars applied onto paper.
(c) Scope: The Contractor shall furnish all facilities, labor, and materials to provide Research & Development (R&D) services in accordance with the terms and conditions herein (see Attachment A of this contract).
SECTION D – PACKAGING AND MARKING
D.1
PACKAGING AND MARKING
Preservation, packaging, and marking for all items delivered hereunder shall be in accordance with standard commercial shipping practices and FAR 47.208-2.
a. Contract Number/Purchase Order Number
b. Package number, description and quantity of items contained therein
c. COR’s name and telephone number
d. Room number
e. Contractor’s name D.2
SAFETY
State "Right to Know" laws and 29 CFR 1910.1200, Employee Hazard Communication Program, require manufacturers, importers and suppliers to label containers of toxic substances or hazardous chemicals with the chemical name and appropriate hazard warning and to provide Material Safety Data Sheets (MSDS) for these substances. Hazard Material Information System (HMIS) data shall be provided, as required, on all packaging. Materials not meeting this requirement will not be accepted (off-loaded) by BEP.
SECTION E – INSPECTION AND ACCEPTANCE
E.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. The full text of a clause may be accessed electronically at this/these address: https://www.acquisition.gov/far
(End of Clause)
| Clause numbeR |
| title |
| DATE |
52.246-7
INSPECTION OF RESEARCH AND DEVELOPMENT
AUG 1996
--FIXED PRICE
52.242-15
STOP-WORK ORDER -- ALTERNATE I
APR 1984
E.2
FAR 52.246‑16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.
(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon—
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.
(c) Paragraph (b) of this clause shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this clause shall apply.
(d) Under paragraph (b) of this clause, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.
E.3
INSPECTION AND ACCEPTANCE
Inspection and acceptance of the supplies to be provided hereunder, shall be made by BEP appointed Contracting Officer’s Representative (COR) in accordance with the FAR clause 52.246-7 and FAR clause 52.232-25, Attachments A of this contract, and will be performed unless otherwise necessary at the place of delivery.
E.4
QUALITY ASSURANCE
(a) General: Unless otherwise specified in the contract, the Contractor is responsible for the performance of all inspection and testing requirements as stated in the specification. Except as otherwise specified, the Contractor may utilize its own facilities or any commercial laboratory acceptable to the Government.
(b) Quality Assurance Plan Requirements: If any of the work required under the contract is subcontracted, the Contractor shall require that the Subcontractor submit and adhere to a Quality Assurance Plan.
SECTION F – DELIVERIES OR PERFORMANCE
F.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. The full text of a clause may be accessed electronically at this/these address: https://www.acquisition.gov/far
(End of Clause)
| Clause numbeR |
| title |
| DATE |
52.247-34
F.O.B DESTINATION
NOV 1991
F.2
BEP YEAR END SHUTDOWN (YES) PERIOD AND FEDERAL HOLIDAYS
(a) BEP observes the federal holidays that are listed on the Office of Personnel website at: https://www.opm.gov/fedhol/. The Presidential Inauguration Day is applicable only to the ECF and deliveries to the WCF will not be affected.
(b) BEP’s YES Period typically occurs December 25th through January 1st of each calendar year.
SECTION G – CONTRACT ADMINISTRATION DATA
G.1
CONTRACT ADMINISTRATION OFFICE
This contract will be administered by:
Bureau of Engraving and Printing
Office of Acquisition
14th and C Streets, S.W.
Washington, D.C. 20228-0001
Written communication to the CO shall make reference to this contract number.
G.2 DTAR 1052.201-70 - CONTRACTING OFFICER REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY (AUG 2011)
(a) The COR is (to be appointed by the CO and inserted at time of award) and he can be reached at:
Bureau of Engraving and Printing
Office of Technology Development
Attn: (to be inserted at time of award)
14th and C Streets, S.W.
Washington, DC 20228-0001
Telephone: (to be inserted at time of award)
E-Mail: (to be inserted at time of award)
(b) Performance of work under this contract must be subject to the technical direction of the COR identified above, or a representative designated 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, 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 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 specification(s)/work statement;
(2) constitutes a change as defined in the FAR clause 52.212-4(c);
(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 shall confirm oral direction in writing within five work days, with a copy to the contracting officer.
(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 his/her designee, falls within the limitations in (c) above, the contractor shall immediately notify the contracting officer no later than the beginning of the next Government work day.
(f) Failure of the contractor and the contracting officer to agree that technical direction is within the scope of the contract shall be subject to the terms of FAR clause 52.212-4(d).
(End of clause)
G.3
DTAR 1052.232-1 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (AUG 2012)
(a) Definitions. As used in this clause—
(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Payment documentation and process” and the applicable Payment clause included in this contract.
(2) [Reserved]
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Internet Payment Platform (IPP). Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.
(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.
(End of clause) G.4 FAR CLAUSE 52.232-4 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTS.
(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
(End of clause)
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1
TYPE OF CONTRACT
The government contemplates award of fixed price R&D contract with a base period of twelve (12) months and four (4) twelve (12) month option periods that may be exercised.
H.2
INTERPRETATION OF CONTRACT REQUIREMENTS
No interpretation of any provision of this contract, including applicable specification(s)/work statement, shall be binding on the Government unless furnished or agreed to in writing by the CO.
H.3
NON-DISCLOSURE OF INFORMATION & DATA
(a) The Contractor agrees that all information provided by representatives of BEP, either before or after contract award, concerning the design, manufacture, processing or transporting of United States banknote currency is nonpublic. Such information will be shared only with employees or agents of the company that are required to have knowledge of this requirement, and shall not be disclosed to other persons without the written consent of the CO.
(b) During the period of performance of the contract, the Contractor may be granted access to sensitive information and data, which is the sole property of BEP, as well as proprietary information and data, which is the sole property of entities other than the contracting parties. The Contractor agrees to maintain the confidentiality of all such information and data and shall not disclose any information and data, interpretations of, and/or derivatives of, such information and data to any unauthorized party without the express written approval of the CO, or of the party in which title is wholly vested. The Contractor hereby agrees to include this clause in all subcontracts or consulting agreements relating to work under this contract.
(c) The Contractor will be required to execute a Non-Disclosure Agreement (NDA) with the BEP and it shall be incorporated as Attachment B.
H.4
EXCLUSIVITY OF USE
It is the Government’s intent to develop a distinctive counterfeit deterrent technology under this contract for use in U.S. banknote currency. As such, it is the Government’s intent that the technology developed by the Contractor be available for the exclusive use of the Government. If the Contractor seeks to provide or use the technology developed under this Contract in any other business opportunity, the Contractor shall submit, in writing, a letter notifying the CO and COR, as soon as reasonably possible, of its plan for use of the technology developed by the Contractor under this contract.
For the Government to consider a distinctive counterfeit deterrent technology for use in U.S. currency, the Contractor must adhere to the exclusivity clause, as defined below. If the Contractor fails to adhere to this exclusivity prerequisite, the Government may decide to cease all work on this feature and not use the distinctive counterfeit deterrent technology being developed herein in U.S. banknote currency. Therefore, the Government expects the Contractor to adhere to the exclusivity requirement detailed below during the development of the distinctive counterfeit deterrent technology under this contract.
If any distinctive counterfeit deterrent technology is developed under this contract and adopted for use in U.S. banknote currency and approved by the Secretary of the Treasury, the technology will be governed by 31 C.F.R. Part 601 and 18 U.S.C. § 474A. At which point, the Contractor shall grant the U.S. Government an exclusive right to use the technology developed under this contract in perpetuity.
H.5
NOTICE TO THE GOVERNMENT OF DELAYS
In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract or any Delivery order delivery schedule or date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract or of a Delivery order, the Contractor shall immediately notify the CO and the COR, in writing. The notice shall give pertinent details, provided; however, that this data shall be informational only in character and that receipt thereof shall, in no event, be construed as a waiver by BEP of any delivery schedule or date or of any rights or remedies provided by law or under this contract. The notice must be provided in no less than 30 days before the performance/delivery/completion date specified in the order.
H.6
SECURITY
The Contractor shall meet and comply with all requirements and instructions from the BEP’s Office of Security.
(a) BEP’s facilities are considered to be secure government facilities; therefore visitors to BEP may be given a visitor’s security badge by security personnel and escorted by Government authorized personnel. Visitor security badges shall be worn above the waist, clearly visible, with picture or front side front forward at all times. Visitor security badges are to be returned upon leaving the site.
(b) Contractor and subcontractor employees requiring access to BEP shall be subject to a background investigation and favorable adjudication. They must also be “identity proofed” in accordance with Homeland Security Presidential Directive 12 (HSPD 12). Personal identity verification will be performed before assignment to perform work under the contract. All positions under the contract will be assigned a “position sensitivity level.” Position sensitivity levels range from HIGH RISK to LOW RISK. Position sensitivity levels are determined based on access to currency manufacturing areas and processes required by the position.
(1) The Project Manager and all personnel performing within a supervisory or lead role shall be capable of passing a HIGH RISK – Full background check.
(2) All other personnel shall be capable of passing a MEDIUM Risk background check.
The COR will notify the Contractor of any changes to the position sensitivity level for personnel performing under the contract. The COR will also coordinate with BEP Security Division to concerning any adjustments to the position sensitivity levels. If any adjustments are made the COR will notify the Contractor.
(c) Upon contract award the Contractor shall furnish BEP COR a list of persons under employment consideration, to include the full legal name, social security numbers, date, city, state and country of birth. BEP’s Personnel Security Branch will establish an electronic profile of the individual within the Electronic Questionnaires for Investigative Processing system (hereinafter “e-QIP") and provide a packet with instructions and additional forms that must be returned to BEP Personnel Security Branch. The COR is notified when the individual Contractor has completed an initial review of the information provided in e-QIP. The COR will then notify the Contractor to come in to BEP for fingerprinting. At this time the Contractor will bring in the additionally completed paperwork and the printed forms from e-QIP. At the time of fingerprinting, the Contractor will begin the process of PIV by providing certified copy of a birth certificate, passport or Certificate of Citizenship (to prove citizenship status) and two (2) forms of identification as outlined in Form I 9 “List of acceptable documents.” (NOTE: One ID must be a Federal, State or Local government picture ID). Once completed, the contract employee will be allowed to perform limited assignments pending completion of the background investigation and adjudication; however, the contract employee must be escorted in all facility areas and will not be granted access to sensitive systems. Interim access may be granted after receipt of fingerprint results. Once favorably adjudicated, the COR will be notified and the contract employee will be brought back in to complete the PIV process and receive a BEP picture badge with level of access to the area of contract work. If the contract employee does not meet the requirements for a favorable determination for level of access required, the Contractor shall replace him/her at no additional cost to the Government.
(d) The Bureau reserves the right to deny access to its facilities and security systems, in accordance with adjudicative guidelines set forth in Executive Order 10450, its amendments, and any applicable supplemental directives (in particular, Title 5, Code of Federal Regulations, Section 731), to any individual about whom an adverse suitability determination is made. Failure to submit the required security package or to truthfully answer all questions shall constitute grounds for denial of access clearance. The Contractor shall not provide access to employees, until BEP Security Division, provides written access clearance through the COR.
(e) The Contractor is responsible for reporting adverse information (i.e., arrests, bankruptcy, etc.) that may affect the employment suitability of their employees who provide services on behalf of the Contractor to BEP. This information shall be reported to the COR within five (5) days of the Contractor becoming aware of the situation.
(f) Upon approval of the security access, the Contractor shall be given written confirmation from either the COR or the CO that the individual(s) have been cleared to work at BEP.
(g) Contractor employees or subcontractor employees who have been cleared and are working on-site at BEP’s facility will be subject to an annual criminal history check. The results of the annual criminal history check will be reviewed according to the same standards as the initial investigation conducted by BEP Security Division. The annual criminal history checks will be utilized to identify potentially disqualifying suitability issues. Access to the Bureau’s product or premises will be withdrawn if annual criminal history checks identify disqualifying suitability issues. Access to the Bureau’s product or premises will be withdrawn if annual criminal history checks cannot be performed by BEP due to non-submission of the required information by Contractor employees.
(h) The Contractor must provide the COR with names of potential qualified new hires to replace an employee previously cleared to work at BEP with the full legal name, SSN, date, city, state and country of birth of each replacement hire. The COR or CO will notify the contractor in writing that an interim access clearance has been approved and the potential employee can be employed on this contract. The employee will be allowed to perform limited assignments; however, the employee must be escorted in all facility areas and will not be granted access to sensitive systems. If the employee does not meet the requirements for a favorable access determination for the risk level requested, the Contractor shall replace him/her at no additional cost to the Government. The COR or CO will notify the Contractor in writing that a final access has been approved and the potential employee will be issued an identification badge and allowed access to previously restricted areas.
(i) Some of the work to be performed will require access to restricted data and classified National Security information, compartmentalized information, restricted physical areas, and classified systems. All individuals proposed by the Contractor to perform requirements involving such access on a need-to-know-basis must have the appropriate security clearances (i.e. national security clearance at the Secret level), as designated by BEP, at the time that the specific tasking is initiated. These requirements will be identified on a case by case basis and discussed between the COR, CO and BEP Personnel Security Manager prior to the start of the assignment. The Contractor must show how these requirements will be met and the depth of corporate resources available to respond to ongoing requirements.
(j) The Contractor shall exercise due diligence in pre-screening all employees for employment suitability prior to submission to BEP for agency access clearance. The Government will provide, after contract award, an example of the types of questions the Contractor may ask in screening potential employees. The questions are derived from the questionnaire Contractor employees will be required to complete online for initiating their agency access clearance. BEP will initiate the agency access procedure upon contract award for all direct labor employees where BEP facility access is necessary for performance under the contract. If a proposed Contractor employee or subcontractor employee is denied an agency access clearance or if for any reason a proposed application is withdrawn during the agency access clearance process, the contract price shall be reduced by $1,500.00 for each additional Critical Sensitive or High Risk background investigation BEP must conduct, $1,000.00 for each additional Moderate Risk background investigation and $500.00 for each additional Low Risk background investigation BEP must conduct. This subparagraph does not apply to JWOD contractors or non-profit entities.
(k) If during the performance of the contract, a Contractor or subcontractor employee is replaced, the Contractor shall coordinate with BEP to initiate the agency access clearance investigation. If BEP denies an agency access clearance to a Contractor or subcontractor employee proposed as a replacement, the contract price shall be reduced as described in section (d) above.
H.7 Organizational Conflicts of Interest
(a) The Contractor warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information.
(b) The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.
(c) The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contacting Office, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.
(d) The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer.
(e) In the event that a requirement changes in such a way as to create a potential conflict of interest for the Contractor, the Contractor must:
(1) Notify the Contracting Officer of a potential conflict, and;
(2) Recommend to the Government an alternate approach which would avoid the potential conflict, or
(3) Present for approval a conflict of interest mitigation plan that will:
(i) Describe in detail the changed requirement that creates the potential conflict of interest; and
(ii) Outline in detail the actions to be taken by the Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means.
(4) The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed.
(5) If the Contracting Officer determines that it is in the best interest of the Government to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503.
H.8 Disclosure Of Conflicts Of Interest It is the BEP policy to award contracts to only those offerors whose objectivity is not impaired because of any related past, present, or planned interest, financial or otherwise, in organizations regulated by BEP or in organizations whose interests may be substantially affected by Departmental activities. Based on this policy, if at any time during the performance of this contract the Contractor knows of any Conflict of Interest situation affecting the organization, any of its officers or Key Persons working under this contract, has reason to believe that a conflict of interest situation might arise, or is made aware of an actual or potential conflict of interest situation:
(a) The Contractor shall immediately provide to the Contracting Officer a written statement which describes in a concise manner all past, present or planned organizational, financial, contractual or other interest(s) with that organization regulated by BEP, or with that organization or individual whose interests may be substantially affected by Departmental activities, and which is related to the work under this contract. The interest(s) described shall include those of the Contractor, its affiliates, consultants, Subcontractors and key personnel of any of the above. Past interest shall be limited to within one year of the date of the offeror's technical proposal. Key personnel shall include any person owning more than 20% interest in the organization, and the organization's corporate officers, its senior managers and any employee who is responsible for making a decision or taking an action on this contract where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
(b) The Contractor shall describe in detail when it became aware of the actual or potential conflict of interest, what action the organization has taken or proposes to take to mitigate and / or rectify the situation, and why it believes, in light of the interest(s) identified in (a) above, that performance of the contract can still be accomplished in an impartial and objective manner.
(c) In the absence of any relevant interest identified in (a) above, the Contractor shall certify in its statement that to its best knowledge and belief no affiliation exists relevant to possible conflicts of interest. The Contractor must obtain the same information from any potential Subcontractors prior to award of a subcontract.
(d) The Contracting Officer will review the statement submitted and may require additional relevant information from the Contractor. All such information, and any other relevant information known to BEP, will be used to determine whether a conflict of interest exists or a situation exists that may create a conflict of interest. If any such conflict of interest is found to exist, the Contracting Officer may (1) terminate the contract, or (2) determine that it is otherwise in the best interest of the United States to continue the contract with the Contractor and (3) modify the contract to include appropriate provisions to mitigate or avoid such conflicts in the contract.
(e) If the Contractor refuses to provide the written statement called for in paragraph (a), or any additional information that the Contracting Officer may require, the Contracting Officer may terminate the Contract for convenience if he or she deems that termination is in the best interest of the Government.
H.9
CONTROL AND DISPOSAL OF HAZARDOUS CHEMICALS
The Contractor shall comply with the Occupational Safety and Health Administration (OSHA) regulations 29 CFR Parts 1910 and 1926. Attention is directed to the control of hazardous material, Section 1910.1200 of the OSHA regulations and the Environmental Protection Agency regulations concerning the disposal of hazardous waste [Solid Waste Disposal Act, as amended by the Resources Conservation Act of 1976, as amended (42 U.S.C. 6901 et seq.)].
H.10
INDEMNIFICATION
(a) Responsibility for Government Property: The Contractor assumes full responsibility for and shall indemnify the Government against any and all losses or damage of whatsoever kind and nature to any and all Government property, including any equipment, supplies, accessories, or parts furnished, while in his custody and care for storage, repairs, or service to be performed under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the Contractor, any subcontractor, or any employee, agent or representative of the Contractor or subcontractor.
If due to the fault, negligent acts (whether of commission or omission) and/or dishonesty of the Contractor or its employees, any Government-owned or controlled property is lost or damaged as a result of the Contractor's performance of this contract, the Contractor shall be responsible to the Government for such loss or damage, and the Government, at its option, may in lieu of payment thereof, require the Contractor to replace at his own expense, all property lost or damaged.
(b) Hold Harmless and Indemnification Agreement: The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any Contractor property or property owned by a third party occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this contract, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor.
(c) Government's Right of Recovery: Nothing in the above paragraphs shall be considered to preclude the Government from receiving the benefits of any insurance the Contractor may carry which provides for the indemnification of any loss or destruction of, or damages to property in the custody and care of the Contractor where such loss, destruction or damage is to Government property. The Contractor shall do nothing to prejudice the Government's right to recover against third parties for any loss, destruction of, or damage to Government property, and upon the request of the Contracting Officer shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.
(d) Government Liability: The Government shall not be liable for any injury to the Contractor's personnel or damage to the Contractor's property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal statutory authority.
H.11
POST AWARD MEETING
At its discretion, the BEP may schedule and conduct a post award meeting with the Contractor after contract award. The objectives of this meeting would be to; introduce key participants and explain their roles, review Deliverables, review the performance work statement and tasks to ensure a common understanding of the requirements and objectives, as well as other matters of importance and relevance. The day(s) and time(s) of any such meeting will be determined after contract award.
H.12
POST-AWARD EVALUATION OF CONTRACTOR PERFORMANCE
(a) Interim and final evaluations of Contractor performance will be prepared on this contract in accordance with FAR 42.1503. The final performance evaluations will be prepared at the time of completion of work.
(b) The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The Contractor will be permitted 30 calendar days to respond. Contractor response is voluntary. If the Contractor does not respond within 30 days, the Government will presume that the Contractor has no comment. Any disagreement between the parties regarding an evaluation will be referred to an individual at a level above the Contracting Officer, whose decision is final.
(c) 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.
Bureau of Engraving and Printing utilizes the Contractor Performance Assessment Reporting System (CPARS), Federal Awarded Performance and Integrity Information System (FAPIIS), Architect-Engineer Contract Administration Support System (ACASS) or Construction Contractor appraisal Support System (CCASS) to record and maintain past performance information. The past performance systems hosts a suite of web-enabled applications that are used to document Contractor performance information that is required by Federal Regulations.
The CPARS module assesses performance on contracts for Systems, Services, Information Technology, and Operations Support, Architect-Engineer contracts and performance on Construction contracts. CPARS reference material can be accessed at http://www.cpars.csd.disa.mil/cparsfiles/cpars/refmatl.htm.
Federal Awarded Performance and Integrity Information System (FAPIIS) http://www.fapiis.gov/fapiis/govt/datareports.jsp
Architect-Engineer Contract Administration Support System (ACASS) http://www.acq.osd.mil/dpap/ccap/cc/jcchb/Files/Topical/Past_Performance/guides/acass_policy_manual_2010.pdf
Construction Contractor appraisal Support System (CCASS) http://www.409csb.army.mil/Library/COI/ACASSCCASSUserManual-Nov2012.pdf The registration process requires the Contractor to identify an individual that will serve as a primary contact. This individual will be authorized access to the evaluation for review and comment. In addition, the Contractor is encouraged to identify a secondary contact in the event the primary contact is unavailable to process the evaluation within the required 30-day time period. After the BEP Contract Specialist registers the contract in one of the systems listed above, the Contractor will receive a system generated e-mail notifying him/her that the contract is registered. A system generated e-mail will also provide the Contractor with a User ID if the person does not already have a system User ID.
Once a performance evaluation has been prepared and is ready for comment, the Contractor representative will receive a system generated e-mail notification that the performance evaluation is electronically available for review and comment. The Contractor representative will receive an automated e-mail whenever an assessment is completed and can subsequently retrieve the completed assessment from system. Contractors may access evaluations at one of the website listed above for review and comment in CPARS.
H.13 FEDERAL AWARDEE PERFORMANCE AND INTEGRITY INFORMATION SYSTEM (FAPIIS) - UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS
(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.
(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--
(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--
(i) Government personnel and authorized users performing business on behalf of the Government; or
(ii) The Contractor, when viewing data on itself; and
(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--
(i) Past performance reviews required by subpart 42.15;
(ii) Information that was entered prior to April 15, 2011; or
(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.
(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.
(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.
(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.
(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.
(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.
(End of clause)
SECTION I - CONTRACT CLAUSES
CLAUSE
NUMBER
TITLE
DATE
52.202-1
DEFINITIONS
NOV 2013
52.203-3
GRATUITIES
APR 1984
52.203-5
COVENANT AGAINST CONTINGENT FEES
MAY 2014
52.203-6
RESTRICTIONS ON SUBCONTRACTOR
SEP 2006
SALES TO THE GOVERNMENT
52.203-7
ANTI-KICKBACK PROCEDURES
MAY 2014
52.203-8
CANCELLATION, RESCISSION, AND
MAY 2014
RECOVERY OF FUNDS FOR ILLEGAL
OR IMPROPER ACTIVITY
52.203-10
PRICE OR FEE ADJUSTMENT FOR ILLEGAL
MAY 2014
OR IMPROPER ACTIVITY
52.203-12
LIMITATION ON PAYMENTS TO INFLUENCE
OCT 2010
CERTAIN FEDERAL TRANSACTIONS
52.203-17
CONTRACTOR EMPLOYEE WHISTLEBLOWER
APR 2014
RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS
52.204-2
SECURITY REQUIREMENTS
AUG 1996
52.204-4
PRINTED OR COPIED DOUBLE-SIDED ON
MAY 2011
RECYCLED PAPER
52.204-9
PEROSNAL IDENTIFY VERIFICATION OF
JAN 2011
CONTRACTOR PERSONNEL
52.204-10
REPORTING EXECUTIVE COMPENSATION
JUL 2013
AND FIRST-TIER SUBCONTRACT AWARDS
52.209-6
PROTECTING THE GOVERNMENT'S INTEREST
AUG 2013
WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED,
OR PROPOSED FOR
52.209-7
INFORMATION REGARDING RESPONSIBILITY
MATTERS
52.209-9
UPDATES OF PUBLICLY AVAILABLE
JUL 2013
INFORMATION REGARDING RESPONSIBILITY
52.211-5
MATERIAL REQUIREMENTS
AUG 2000
52.215-2
AUDIT AND RECORDS NEGOTIATION
OCT 2010
52.215-8
ORDER OF PRECEDENCE –
OCT 1997
UNIFORM CONTRACT FORMAT
52.215-14
INTEGRITY OF UNIT PRICES -- ALTERNATE I
OCT 2010
52.215-20
REQUIREMENTS FOR CERTIFIED COST OR
OCT 2010
PRICING DATA AND DATA OTHER THAN
CERTIFIED COST OR PRICING DATA, ALT IV
52.215-21
REQUIREMENTS FOR CERTIFIED COST OR
OCT 2010
PRICING DATA AND DATA OTHER THAN
CERTIFIED COST OR PRICING DATA, ALT IV
52.219-8
UTILIZATION OF SMALL BUSINESS
MAY 2014
CONCERNS
52.219-9
SMALL BUSINESS SUBCONTRACTING PLAN
JUL 2013
52.219-16
LIQUIDATED DAMAGES
JAN 1999
– SUBCONTRACTING PLAN
52.219-28
POST-AWARD SMALL BUSINESS PROGRAM
JUL 2013
REREPRESENTATION
52.222-3
CONVICT LABOR
JUN 2003
52.222-19
CHILD LABOR--COOPERATION WITH
JAN 2014
AUTHORITIES AND REMEDIES
52.222-21
PROHIBITION OF SEGREGATED FACILITIES
FEB 1999
52.222-26
EQUAL OPPORTUNITY
MAR 2007
52.222-35
EQUAL OPPORTUNITY FOR VETERANS
JUL 2014
52.222-36
AFFIRMATIVE ACTION FOR WORKERS
JUL 2014
WITH DISABILITIES
52.222-37
EMPLOYMENT REPORTS ON VETERANS
JUL 2014
52.222-40
NOTIFICATION OF EMPLOYEE RIGHTS UNDER
DEC 2010
THE NATIONAL LABOR RELATIONS ACT
52.222-41
SERVICE CONTRACT ACT OF 1965
MAY 2014
52.222-50
COMBATING TRAFFICKING IN PERSONS
FEB 2009
52.223-2
AFFIRMATIVE PROCUREMENT
SEP 2013
52.223-6
DRUG-FREE WORKPLACE
MAY 2001
52.223-18
ENCOURAGING CONTRACTOR POLICIES
AUG 2011
TO BAN TEXT MESSAGING WHILE DRIVING
52.224-1
PRIVACY ACT NOTIFICATION
APR 1984
52.224-2
PRIVACY ACT
APR 1984
52.225-13
RESTRICTIONS ON CERTAIN FOREIGN
JUN 2008
PURCHASES
52.227-1 ALT I
AUTHORIZATION AND CONSENT
DEC 2007
52.227-2
NOTICE AND ASSISTANCE REGARDING
DEC 2007
PATENT AND COPYRIGHT INFRINGEMENT
52.227-11
PATENT RIGHTS--OWNERSHIP BY
DEC 2007
THE CONTRACTOR
52.227-14
RIGHTS IN DATA--GENERAL
DEC 2007
52.232-9
LIMITATION ON WITHHOLDING PAYMENTS
APR 1984
52.232-17
INTEREST
OCT 2010
52.232-23
ASSIGNMENT OF CLAIMS
MAY 2014
52.232-25
PROMPT PAYMENT
JUL 2013
52.232-33
PAYMENT BY ELECTRONIC FUNDS TRANSFER
SYSTEM FOR AWARD MANAGEMENT
52.232-39
UNENFORCEABILITY OF UNAUTHORIZED
JUN 2013
OBLIGATIONS
52.233-1
DISPUTES
MAY 2014
52.233-3 ALT I
PROTEST AFTER AWARD
AUG 1996
52.233-4
APPLICABLE LAW FOR BREACH OF
OCT 2004
CONTRACT CLAIM
52.242-13
BANKRUPTCY
JUL 1995
52.243-2 ALT V
CHANGES—FIXED PRICE
AUG 1987
52.244-5
COMPETITION IN SUBCONTRACTING
DEC 1996
52.245-1
GOVERNMENT PROPERTY
APR 2012
52.245-9
USE AND CHARGES
APR 2012
52.246-24
LIMITATION OF LIABILITY—
FEB 1997
HIGH-VALUE ITEMS
52.246-25
LIMITATION OF LIABILITY – SERVICES
FEB 1997
52.249-2
TERMINATION FOR CONVENIENCE OF THE
MAY 2004
GOVERNMENT
52.249-9
DEFAULT FIXED PRICE RESEARCH AND
APR 1984
DEVELOPMENT
52.249-14
EXCUSABLE DELAYS
APR 1984
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: http://farsite.hill.af.mil/vffara.htm 52.253-1
COMPUTER GENERATED FORMS
JAN 1991
I.2
DTAR CLAUSE 1052.210-70 CONTRACTOR PUBLICITY (AUG 2011)
The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the equipment or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such equipment or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this provision may be considered during the evaluation of past performance in future competitively negotiated acquisitions.
(End of Clause) I.3
FAR CLAUSE 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 15 days.
(End of clause) I.4
FAR CLAUSE 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 15 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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.
(End of clause)
SECTION J LIST OF ATTACHMENTS
J.1 LIST OF ATTACHMENTS
| Identifier |
| Title/Description |
| A |
| Statement of Objectives (to be updated at contract award) |
| B |
| Non-Disclosure Agreement (NDA), latest version |
| C |
| Security Designation Guide (SDG), latest version |
| D |
| Test methods for light-fastness (ASTM G155, Table X3.1 Cycle 11) |
| E |
| Chemical Resistance Test (BEP STM 300.003) |
| F |
| Laundry Test (BEP STM 300.002) |
| G |
| Materials Boilerplate (BEP Document 75.00 4.4.6 34.2DC) |
| H |
| Forbidden Chemicals (BEP Document 75.00 4.4.6 34.4 DC) |
| I |
| Small Business Subcontracting Plan |
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
K.1 FAR 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): www.acquisition.gov/far
| Clause numbeR |
| title |
| DATE |
| 52.204-7 |
| SYSTEM FOR AWARD MANAGEMENT |
| JUL 2013 |
52.225-25
PROHIBITION ON CONTRACTING WITH ENTITIES
DEC 2012
ENGAGING IN CERTAIN ACTIVITIES OR TRANSACITONS
RELATING TO IRAN—REPRESENTATION AND
CERTIFICATIONS
(End of Provision) K.2
FAR PROVISION 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2014)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541712, R&D in the Physical, Engineering, and Life Sciences (except Biotechnology).
(2) The small business size standard is 500 employees.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[ ] (i) Paragraph (d) applies.
[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification.
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