SON - Plate Shredder.docx
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- Nickel Plate Shredder
- Solicitation number
- BEP-RFQ-12-0280
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Statement of Need
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Statement of Need Plate Shredding Machine
1.0 Background: The Bureau of Engraving & 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).
BEP ECF’s, Office of Engraving, Division of Vault Operations has a need to purchase a New Nickel Plate Shredder for use in the destruction of Nickel plates of various thicknesses. Furthermore, some plates will have a thin Chrome layer which have been used in the production of U.S. currency.
2.0 Objective: To acquire a new Plate Shredding Machine that is suitable for the destruction of metal currency plates, masters and altos, along with training for a designated number of personnel in its operation.
3.0 Scope: The Contractor shall provide all labor, travel, parts, materials, transportation, equipment, tools, training, supplies, management and supervision and all other items and services necessary to supply, deliver and install new Nickel Plate Shredder, supply one (1) set of spare blades and performing training as described herein.
4.0 Equipment Requirements:
4.1 Shredder: The following represent the minimum requirements for the new Nickel Plate Shredder to be supplied by the Contractor:
4.1.1 Minimum 25 HP motor, motor must be sufficient to shred nickel plates with thicknesses up to 0.08” without binding or negatively impacting performance. Some plates will have a thin Chrome layer which have been used in the production of U.S. currency;
4.1.2 A control Panel with Auto-Reverse and standard safety interlocks at operator openings;
4.1.3 A Feed opening of at least 36” inches in width;
4.1.4 Have a sound enclosure with access doors to allow feeding plates into shredder and have a sound reduction of 15 – 25dBa (Avg. weighted noise level of 80 -85 dBa);
4.1.5 Output shred size must be ¾” or less variable particle/strip cut;
4.1.6 Be able to hook up to standard service connections of 480 volts/3 phase/60 hertz and fit within an area approximately 9’ x 11’; and
4.1.7 Have a collection system with easy access to remove shredded nickel strips.
4.2 Blades: Provide one (1) set of spare blades
5.0 Contractor Responsibilities: The Contractor is responsible for but is not limited to the following:
5.1 General: Furnishing, delivering, installing and conducting the commissioning of and training on a new Nickel Plate Shredder.
5.2 Installation: Installation includes, but is not limited to; making the necessary electrical service connections, assembling, setting-up, conducting start-up and making adjustments as necessary to the equipment. In general, the Contractor shall ensure the new Nickel Plate Shredder is operational in accordance with the original equipment manufacturer (OEM) requirements (e.g. factory system start-up, run tests, etc.) so as to prepare for the performance of commissioning and the acceptance test.
5.3 Commissioning: The Contractor shall start the new Nickel Plate Shredder, operate it, make adjustments and verify that it is operating within OEM requirements. Once the equipment is operating properly and is stable, the Contractor shall commission the equipment. The Contractor shall operate the equipment and destroy nickel plates of various thicknesses up to 0.08”. The Contractor shall document the results of commissioning in a written report as outlined in Section 7.0 below.
5.4 Deliverables: Providing the Deliverables specified in Section 7.0 below.
5.5 Regulations/Publications/Codes: Complying with and performing all services associated with this effort in accordance with any and all applicable Regulations/Publications/Codes. Regulations/Publications/Codes means any and all applicable Federal, State, City, Local and Organizational laws, regulations, codes, ordinances standards, and conditions (e.g. Department of Transportation (DOT), Environmental Protection Agency (EPA), and NFPA 70), public and occupational health, safety, and environmental, etc.), original equipment manufacturer specifications, requirements and standards as well as any and all BEP policies, procedures, guidelines and requirements that govern the performance of the services as prescribed by the contract. The Contractor is solely responsible for ensuring it is complying with and performing in accordance with any such amendments, supplements to such Regulations/Publications/Codes as well as any and all superseding documents issued or enacted during the period of performance of the work. The Government reserves the right to request copies of the company license(s) and other certification documentation that demonstrates their company and personnel have the ability to perform the services at any time during performance. The Contractor shall provide the requested information within five (5) business days of the request.
5.6 Schedule and coordination: Scheduling and coordinate with the Contracting Officer’s Technical Representative (COTR) the specific dates and times for delivery, installation and commissioning of the new Nickel Plate Shredder. Altogether, it is critical that the COTR is kept abreast of the on-going status of project and is notified of any concerns or issues that may arise and can result in delay.
5.7 Training: Performing training for four (4) designated individuals in regards to the operation of the new Nickel Plate Shredder. The COTR will supply the Contractor a list of the individuals designated for this training.
6.0 Inspection and Acceptance:
6.1 Acceptance Testing: Acceptance testing will be scheduled as soon as possible after the completion of commissioning of the new Nickel Plate Shredder, at a time mutually agreed upon by both parties. BEP will develop a test plan outlining the specific criteria for each method of inspection described below (i.e. Visual and Operation). The test plan will be agreed upon by both parties. The Contractor can choose to be present during the Acceptance testing.
6.1.1 Test Plan: The test plan shall at a minimum, encompass the completion of destroying of (5) plates at a thickness of 0.03” with a chrome layer, (2) nickel plates at a thickness of 0.06” and a single plate at a thickness of 0.08”. All plates should be destroyed without binding. Also, noise monitoring will be performed during this operation to ensure meeting the noise reduction requirements stated in Section 4.4.
6.1.2 Visual Inspection: The new Nickel Plate Shredder shall be visually inspected by BEP personnel at a minimum for possible damage as well as to ensure that all parts have been provided and properly installed.
6.1.3 Operation Inspection: The new Nickel Plate Shredder shall at a minimum be inspected for operational soundness.
6.2 Defects: If the above inspection identifies damage or defective workmanship or materials, issues with system operability or missing parts, the Contractor shall be responsible for replacing and/or correcting the damaged, defective part(s), and/or providing the missing parts and making adjustments.
6.3 Acceptance: Acceptance for the new Nickel Plate Shredder will be considered complete when all the requirements described in the test plan have been completed and signed off by the COTR, as having met the established acceptance criteria. The COTR will provide the Contractor, in writing, a letter stating BEP’s acceptance of the new Nickel Plate Shredder.
7.0 Deliverables: In addition, to any other items required herein the Contractor shall submit the following deliverables
7.1 Insurance Certificate: A certificate of insurance reflecting the amounts specified in Section 8.6 below. This Deliverable is to be provided to the Contracting Officer (“CO”) within thirty (30) business days after award.
7.2 Operation and Maintenance manuals: Two (2) copies of manuals detailing Operation and Maintenance requirements are to be delivered to the COTR by date of installation of the new Nickel Plate Shredder. These manuals should provide at a minimum a discussion and description of the operation and preventative maintenance tasks required to operate and maintain the new Nickel Plate Shredder and associated equipment. These should include electrical, mechanical and chemical flow schematics.
7.3 Preventative Maintenance Schedule: Provide a recommended Preventative Maintenance Schedule and associated estimated costs. This Deliverable is to be provided to the COTR within fifteen (15) business days after award and within five (5) business days after any changes.
7.4 Primary Personnel Point of Contact Information: The name of an individual along with their corresponding contact information (e.g. telephone number, fax number, address and cell number) who will perform as the Contractor’s primary point of contact in support of this effort, along with a back-up point of contact as well. This Deliverable is to be provided to the COTR within three (3) business days after award and within five (5) business days after any changes.
7.5 Warranty Information: Information or documentation regarding the warranty of the new Nickel Plate Shredder. This deliverable shall be provided to the COTR within fifteen (15) business days after delivery.
7.6 Work Plan: A detailed work plan that describes, but is not limited to the following:
7.6.1 The anticipated date of delivery of the new Nickel Plate Shredder;
7.6.2 The approach and associated requirements for the installation of the new Nickel Plate Shredder, inclusive of at a minimum dates and times, tasks to be performed, the resources (e.g. labor, equipment, etc.); and
7.6.3 A description of the commissioning process to be performed, along with the resources involved. This deliverable is to be submitted to the COTR for review and approval fifteen (15) business days after award and one (1) business days after any revisions.
Unless otherwise requested by BEP, Deliverables are to be provided in an electronic format. Electronic copies shall be compatible with a PC operating in a Microsoft Windows environment using Microsoft Word, Microsoft PowerPoint, Microsoft Excel, Microsoft Project, and Microsoft Access. In addition, Deliverables shall be submitted electronically either on a Compact Disk – Read Only Memory (CD-ROM) or electronically transmitted via e-mail as an attachment. The electronic files shall enable BEP to copy the data onto servers for access not only on the machinery but also for engineering, maintenance and operations personnel via BEP’s intranet. All Deliverables shall be supplied in English.
8.0 Government Responsibilities: BEP will be responsible for the following:
8.1 Access: Providing access to areas necessary for installation and commissioning of the new Nickel Plate Shredder.
8.2 Service Connections: Providing normal service connections.
8.2.1 Main power source disconnect switch, including auxiliary items.
9.0 Terms and Conditions:
9.1 Place of Installation: The new Nickel Plate Shredder shall be installed in the Security Area of Sub-basement room in the Annex of the BEP’s Eastern Facility. It is recommended that the Contractor schedule and coordinate a walk through prior to the delivery of the new Nickel Plate Shredder in order to ensure it takes into consideration any requirements.
9.2 Delivery Instructions: Washington DC: Supplies or other items needed to be delivered to the BEP’s Washington DC facility shall be delivered to the following address:
| The Bureau of Engraving and Printing |
| Attention: To-Be-Completed at award |
| D Street, Between 13th & 14th Sts, S.W. |
| Washington, DC 20228 |
Receiving hours for deliveries are 8:00 a.m. to 2:15 p.m., local time, Monday through Friday, excluding U.S. Government holidays and BEP year-end shutdown (which normally occurs between December 24 and January 1). The Contractor shall call the BEP appointment line at (202) 874-2333 at least twenty-four (24) hours in advance to schedule approximate delivery times. The appointment line is staffed from 8:30 am. to 2:30 pm. Monday through Friday. A voice mail message maybe left after normal working hours. The following information should be provided:
| - Name of supplier/manufacturer | |
| - Contact Person with phone number | |
| - Contract/Purchase Order Number | |
| - Total number of cartons or pallets | |
| - Total weight | |
| - Date and Time of Delivery |
*Note the following loading dock limitations for deliveries made to Washington D.C.: Over the road vehicles having an overall height exceeding 12’6” (3.8 meters) empty, or an overall length exceeding 42’ (12.8 meters) CANNOT be accommodated at our receiving platform.
9.3 Electronic Invoicing and Payment Requirements – Internet Payment Platform (IPP): Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Internet Payment Platform System (IPP). “Payment request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), “Payment documentation and process” and the applicable Prompt Payment clause included in this contract (see Section I below). The IPP website address is: https://www.ipp.gov . Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice. Not Applicable The Contractor must use the IPP website to enroll, access, and use IPP for submitting requests for payment. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the CO.
9.4 Clauses:
9.4.1 The following clauses are incorporated by reference and apply to this Purchase Order: 52.203-12 Limitation on Payments to Influence Certain Federal Transactions; 52.211-17 Delivery of Excess Quantities; 52.212-4 Contract Terms and Conditions - Commercial Items; 52.228-5 Insurance - Work on a Government Installation; 52.247-35 F.O.B. Destination, within Consignee’s Premises and 52.252-2 Clauses Incorporated by Reference.
9.4.2 The following clause is incorporated by full text:
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items (July 2012).
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] _x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).
_x_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).
__ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).
_x_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).
__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (11) [Reserved] _x_ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).
__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Oct 2001) of 52.219-9.
__ (iii) Alternate II (Oct 2001) of 52.219-9.
__ (iv) Alternate III (Jul 2010) of 52.219-9.
__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).
__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
__ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
__ (ii) Alternate I (June 2003) of 52.219-23.
__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
_x_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).
__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).
__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).
_x_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_x_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).
_x_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
_x_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
_x_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).
_x_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
_x_ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
__ (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
_x_ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).
__ (ii) Alternate I (DEC 2007) of 52.223-16.
_x_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
_x_ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).
__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (May 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42).
__ (ii) Alternate I (Mar 2012) of 52.225-3.
__ (iii) Alternate II (Mar 2012) of 52.225-3.
__ (iv) Alternate III (Mar 2012) of 52.225-3.
__ (41) 52.225-5, Trade Agreements (MAY 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_x_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
_x_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).
__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).
__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).
__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).
__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) [Reserved]
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
9.5 Contracting Officer's Technical Representative (COTR) Designation and Authority (DTAR 1052.201-70)(AUG 2011):
9.5.1 The COTR is (to be designated by the Contracting Officer at award) and be reached at:
Bureau of Engraving and Printing D Street, Between 13th & 14th Sts, S.W.
Washington, DC 20228 Telephone: [to be inserted at time of award] E-Mail: [to be inserted at time of award]
9.5.2 Performance of work under this contract is subject to the technical direction of the COTR 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, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.
9.5.3 Technical direction must be within the scope of the contract specification(s)/work statement. The COTR 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.
9.5.4 Technical direction may be oral or in writing. The COTR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.
9.5.5 The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COTR. If, in the opinion of the contractor, any direction of the COTR or the designated representative falls within the limitations of 9.5.3 above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.
9.5.6 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 the clause entitled “Disputes.”
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9.6 Insurance (DTAR AUG 2011): In accordance with the clause entitled “Insurance - Work on a Government Installation", insurance of the following kinds and minimum amounts shall be provided and maintained during the period of performance of this contract:
9.6.1 Worker's compensation and employer's liability. The contractor shall, at a minimum, meet the requirements specified at FAR 28.307-2(a).
9.6.2 General liability. The contractor shall, at a minimum, meet the requirements specified at FAR 28.307-2(b).
9.6.3 Automobile liability. The contractor shall, at a minimum, meet the requirements specified at FAR 28.307-2(c).
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9.7 On-site Work Restrictions: When performing services at the place of installation such work must be performed without:
i. Unduly restricting traffic;
ii. Causing unsafe conditions for employees and visitors; and
iii. Adversely affecting the operation of BEP Facility.
iv. Non-compliance with security regulations.
Failure to adhere to this requirement can be considered grounds for termination. In addition, if the CO determines that the Contractor is performing work in violation of any of the above, the Contractor shall be required to perform the work at such time and under such conditions as are in the best interest of BEP at no additional cost to the Government. The directions of the CO under these circumstances shall be binding and shall be executed by the Contractor at no additional cost to the Government.
9.8 Dates, Times and Hours: BEP anticipates that the work performed at the place of performance can be performed Monday through Friday during the following Hours of Operation; 7:30AM to 4:00 PM local time. However, the exact dates and times are to be appropriately scheduled and coordinated with the COTR prior to the execution of work on-site. If work, needs to occur during weekends and or Federal Holidays the Contractor is responsible for notifying the COTR and scheduling and coordinating the work. A current listing of Federal Holidays can be located via the following website; https://www.opm.gov/fedhol/. BEP normally shuts down production during the week between December 25th and January 1st. If applicable, the COTR will notify the Contractor concerning the specific dates Year-End Shutdown.
9.9 Personnel Qualifications: Contractor personnel shall be competent, dependable, knowledgeable, trained, inclusive of any necessary or applicable certification and/or license and experience, thereby qualifying them to perform their specific duties in supporting this effort.
9.10 Security: While on-site at BEP’s ECF Contractor personnel will be given a visitors security badge 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.
9.11 Parking: The Government will not be responsible for providing on-site parking at BEP’s ECF for Contractor personnel performing under this effort.
9.12 DTAR 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.
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9.13 Attachment: Attachment 1 - OEHS Requirements
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