DJJX16RFP0975.071816.pdf

Solicitation DJJX-16-RFP-0975

Trash Removal Services – Main Justice Building

TABLE OF CONTENTS

Trash Removal Services for the

Department of Justice Main Justice Building

RFP DJJX-16-RFP-0975

SECTION A – SF 33 – 1

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS – 3

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK – 9

SECTION D – PACKAGING AND MARKING – 16

SECTION E – INSPECTION AND ACCEPTANCE – 17

SECTION F – DELIVERIES OR PERFORMANCE – 18

SECTION G – CONTRACT ADMINISTRATION DATA – 20

SECTION H – SPECIAL CONTRACT REQUIREMENTS – 27

SECTION I – CONTRACT CLAUSES – 41

SECTION J – LIST OF ATTACHMENTS – 49

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER – 50

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES – 52

SECTION M – EVALUATION FACTORS FOR AWARD - 67

SECTION B

SUPPLIES/SERVICES AND PRICES/COSTS

B.1 GENERAL

A. The Contractor shall provide all management, supervision, equipment and labor necessary to provide trash and debris removal services for the Main Justice Building located at 950 Pennsylvania Avenue, NW, Washington, DC 20530.

B. The base period of performance shall run from 01 October 2016 through 30 September

2017, with four (4) one-year option periods thereafter for a total potential of sixty (60) months of uninterrupted Trash Removal Services.

B.2 PRICE UNDERSTANDINGS

Any charges for services provided but not specifically identified in this section shall not be invoiced against this contract and will not be paid under this contract.

B.3 PRICING TABLES

The unit prices for services shall include all expenses, including Overhead, General and

Administrative expense, and Profit.

B-3.1 Base Period Price Table

The prices specified in this table are for the base period (October 1, 2016 through September

30, 2017).

PERIOD OF PERFORMANCE: BASE PERIOD – 10/1/2016-09/30/2017

DESCRIPTION OF COST ELEMENTS

CLIN ESTIMATED

NUMBER

UNIT UNIT PRICE TOTAL

ESTIMATED

COST

0001 Monthly Rental Fee

Stationary Compactor and Container (20 Cubic

Yards)

12 Months

0002 Pick-up Fee

Stationary Compactor and Container Trash

Removal

144 Pulls

0003 Dumping Fees

Stationary Compactor and Container

576 Tons

0004 Monthly Rental Fee

Open-top Container (20

Cubic Yards)

12 Months

0005 Pick-up Fee

Open-top Container

Trash Removal

96 Pulls

0006 Dumping Fees

Open-top Container

576 Tons

TOTAL ESTIMATED

COST FOR BASE

PERIOD

B-3.2 Option Period One (1) Price Table

The prices specified in this table are for option period one (1) (October 1, 2017 through

September 30, 2018).

PERIOD OF PERFORMANCE: OPTION PERIOD ONE - (1) 10/1/2017-09/30/2018

CLIN ESTIMATED

NUMBER

UNIT UNIT PRICE TOTAL

ESTIMATED

COST

1001 Monthly Rental Fee

Stationary Compactor and

Container (20 Cubic

Yards)

12 Months

1002 Pick-up Fee

Stationary Compactor and

Container Trash Removal

144 Pulls

1003 Dumping Fees

Stationary Compactor and

Container

576 Tons

1004 Monthly Rental Fee

Open-top Container (20

Cubic Yards)

12 Months

1005 Pick-up Fee

Open-top Container

Trash Removal

96 Pulls

1006 Dumping Fees

COST FOR OPTION

PERIOD ONE (1)

B-3.3 Option Period Two (2) Price Table

The prices specified in this table are for option period two (2) (October 1, 2018 through

September 30, 2019).

PERIOD OF PERFORMANCE: OPTION PERIOD TWO (2) – 10/1/2018-09/30/2019

CLIN ESTIMATED

NUMBER

UNIT UNIT PRICE TOTAL

ESTIMATED

COST

2001 Monthly Rental Fee

Stationary Compactor and

Container (20 Cubic Yards)

12 Months

2002 Pick-up Fee

Stationary Compactor and

Container Trash Removal

144 Pulls

2003 Dumping Fees

Stationary Compactor and

Container

576 Tons

2004 Monthly Rental Fee

Open-top Container (20

Cubic Yards)

12 Months

2005 Pick-up Fee

Open-top Container

Trash Removal

96 Pulls

2006 Dumping Fees Open-top Container

PERIOD TWO (2)

B-3.4 Option Period Three (3) Price Table

The prices specified in this table are for option period three (3) (October 1, 2019 through

September 30, 2020).

PERIOD OF PERFORMANCE: OPTION PERIOD THREE (3) – 10/1/2019-09/30/2020

CLIN ESTIMATED

NUMBER

UNIT UNIT PRICE TOTAL

ESTIMATED

COST

3001 Monthly Rental Fee

Stationary Compactor and

Container (20 Cubic

Yards)

12 Months

3002 Pick-up Fee

Stationary Compactor and

Container Trash Removal

144 Pulls

3003 Dumping Fees

Stationary Compactor and

Container

576 Tons

3004 Monthly Rental Fee

Open-top Container (20

Cubic Yards)

12 Months

3005 Pick-up Fee

Open-top Container

Trash Removal

96 Pulls

3006 Dumping Fees Self-

Contained Container

PERIOD THREE (3)

B-3.5 Option Period Four (4) Price Table

The prices specified in this table are for option period four (4) (October 1, 2020 through

September 30, 2021).

PERIOD OF PERFORMANCE: OPTION PERIOD FOUR (4) – 10/1/2020-09/30/2021

CLIN ESTIMATED

NUMBER

UNIT UNIT PRICE TOTAL ESTIMATED

COST

4001 Monthly

Rental Fee

Stationary

Compactor and

Container (20 Cubic

Yards)

12 Months

4002 Pick-up Fee

Stationary

Compactor and

Container Trash

Removal

144 Pulls

4003 Dumping Fees

Stationary

Compactor and

Container

576 Tons

4004 Monthly

Rental Fee Open-top

Container (20 Cubic

Yards)

12 Months

4005 Pick-up Fee

Open-top Container

Trash Removal

96 Pulls

4006 Dumping Fees

TOTAL

ESTIMATED

COST FOR

OPTION PERIOD

FOUR (4)

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 BACKGROUND

The Contractor shall furnish all necessary labor, materials and equipment to provide trash and debris removal services for the Robert F. Kennedy Main Justice Building (MAIN) located in the District of Columbia.

C.2 PLACE OF PERFORMANCE

The Contractor shall perform trash and debris removal services from the MAIN Justice

Building located at 950 Pennsylvania Avenue, NW, Washington, DC.

C.3 SPECIFIC TASKS

A. INSTALLATION OF STATIONARY COMPACTOR AND OPEN TOP

CONTAINER

1) The Contractor shall install one (1) stationary compactor and container and one (1) open top container at the pickup point in the location designated by the Building

Manager. The compactor shall be secured to a concrete base. The Government will furnish the electrical up to an electrical disconnect for connection to the compactor unit;

however, the Contractor will make the necessary electrical connections to the compactor, including an “on-off” key-controlled push button switch. The switch will be a momentary contact switch with auxiliary contacts to seal control circuit and shall be located at a minimum of 5 feet from the loading hopper. This type of switch will require the operator to maintain constant pressure on the switch button during operation of the equipment.

2) The stationary compactor container must be equipped with an inspection hole with a cover at the rear and top of the container to permit visual inspection to determine the fullness of the container. If at any time during the contract term, the Government determines that the container is equipped with an inadequate compactor which is not compacting the container to or near capacity, this equipment will be rejected as unsuitable. The Contractor will be required to replace it with equipment that is adequate to perform the task of compacting the trash in the container to capacity at no additional cost to the Government.

3) As a part of the compactor service, it is the Contractor’s responsibility to furnish a ramp, including hand rails from loading dock to hopper/compactor ram of the compactor container at the direction of the Contracting Officer’s Representative (COR).

NOTE: The Government does not intend be without the use of a container during a

Contractor transition period. Therefore, the new Contractor must be able to deliver the self-contained container to the facility within five (5) days of the Government’s Notice to Proceed or five (5) days before contract performance.

It is recognized that use of the stationary compactor and associated equipment may be delayed based on the time it takes the incumbent to remove existing equipment and the new Contractor to install new equipment. The new Contractor shall arrange the date and time for installation of the stationary compactor equipment with the COR.

B. SIZE OF EQUIPMENT

1) Stationary Compactor Container Unit - the movable compactor container shall have a capacity of twenty (20) cubic yards. The hopper of the compactor unit shall have a capacity of approximately two (2) cubic yards.

2) Open Top Debris Container - the open top debris container shall have a capacity of twenty (20) cubic yards shall have sides no higher than 55” – outside measurement.

3) Transporting Equipment - any equipment used to transport the compactor or open top debris container cannot exceed 123 inches in height, to include container material.

4) Physical Size of Containers – all movable containers shall be of a size that will easily accommodate the height restrictions in RFK Main Justice Building and are to be approved by the COR before installation. All containers shall have a maximum height of 123 inches when loaded onto the truck.

C. INSPECTION OF COMPACTOR

1) The compactor system must meet all OSHA safety requirements and local safety ordinances. The compactor shall be inspected for proper operation and safety once per quarter by the Contractor’s qualified mechanic.

2) Copies of the quarterly inspection report shall be forwarded to the COR no later than 10 working days after the end of the quarter.

3) The Government reserves the right to monitor the operation of all compactor equipment using hydraulic pressure gauges of the monitoring equipment. At the discretion of the COR, the Contractor may be required to demonstrate the proper operation of the compactor unit’s hydraulic and electrical systems.

4) If the Government determines the container is equipped with an inadequate compactor which is not compacting the container to or near capacity, this equipment will be rejected. After rejection, the Contractor shall be required to replace it with equipment that is adequate to compact the trash at no additional cost to the Government.

C.4 SPECIAL NOTES

1) Materials designated as recyclable are not included in this contract.

2) Government will pay dumping fees separately from removal fees.

3) The containers are in a location such that they can only be accessed by backing-in the collection vehicle to the area. The Contractor shall ensure that Contractor personnel are capable of safely maneuvering the vehicle in such a manner that there is no damage to Government property during this activity.

4) Government-owned containers such as GI cans, trash carts, etc., shall not be removed from the premises.

5) The Contractor shall be held accountable and liable to the Government for any damages to Government facilities, fixtures, equipment or grounds caused by the

Contractor or his employees.

C.5 OPEN TOP CONTAINER FOR DEBRIS REMOVAL SERVICE

The Contractor shall utilize a twenty (20) cubic yard open top container for debris collection and removal services. Debris includes but is not limited to plaster, wallboard, stone, ceramic tile, old fluorescent tubes and contaminated wood, etc. Contaminated wood includes scrap lumber, crated, wooden boxes, skids, etc.

C.6 CONTRACTOR’S COLLECTION EQUIPMENT

1) 10 days after contract award, the Contractor shall provide the COR with a list of all equipment to be used in the performance of this contract. The list shall include the name of the company, the type of equipment including the capacity of the equipment.

2) All equipment necessary for the performance of the services under this contract must be available for inspection prior to commencement of the contract and ready for use at the designated Government location within five (5) days of the Contracting Officer’s

(CO) signature of the Notice to Proceed or five (5) days before contract performance whichever is later.

3) All vehicles shall be in fully operable condition and meet all federal, state and local safety requirements, as applicable. Vehicles shall be maintained to prevent dripping or leaking of oil and hydraulic fluids. Vehicles designated as unsatisfactory by the COR will be prohibited access to the premises.

4) Vehicles shall be painted to present a neat appearance and have the Contractor’s name affixed on both sides of the vehicle.

5) All vehicles shall have a maximum height of 123 inches (10’ 3”) when empty to the highest point of the vehicle and a maximum width of 126 inches (10’ 6”) loaded or empty.

C.7 MAINTENANCE OF EQUIPMENT

(1) All equipment shall be maintained in good physical and mechanical condition free of rust, damaged seams, rollers or leaking hydraulics. It shall be the responsibility of the Contractor to repair and clean-up all fluids lost due to hydraulic leaks and to properly dispose of all substances used to clean-up or to repair hydraulic leaks on

Contractor’s equipment.

(2) All equipment shall be maintained in a sanitary condition avoiding offensive odors and an unsightly appearance. All containers shall be pressure washed or steam cleaned quarterly or at direction of the COR to remove build-up of trash, debris, liquid or solid residue.

(3) If equipment is damaged or determined to be unacceptable by the COR due to mechanical failure, sanitary or aesthetic reason, the Contractor shall correct the deficiencies or replace the equipment within 24 hours after notice with no additional charge to the Government.

(4) If a compactor becomes inoperative, the Contractor shall furnish sufficient equipment on a daily schedule as approved by the COR, to remove the trash from the building until the necessary repairs to the original equipment have been completed.

This service shall be provided at no additional cost to Government.

C.8 RODENT PROOFING EQUIPMENT

(1) All trash or garbage containers shall have tight fitting lids and/or doors. There shall be no gaps greater than ½ inch.

(2) When in the ram-stop forward position, compactor equipment shall not have an opening greater than ½ inch between the frame of the charge box, compactor container and the ram.

(3) The Contractor shall take all necessary steps to ensure that conditions which may contribute to rodent infestation such as the accumulation of debris around and under trash equipment and unsanitary conditions are corrected as soon as they are observed or reported. Reported deficiencies shall be corrected by the Contractor within 24 hours after notification.

C.9 SCHEDULE OF DEBRIS REMOVALS

(1) The Contractor shall be required to provide services on normal Government workdays, legal holidays excluded. Contractor may be requested to provide pickup service on Saturdays should the need arise.

(2) Removal of trash from the stationary compactor container will normally occur twice a week unless otherwise specified.

(3) Debris removal from the open top container shall be on an on-call basis unless otherwise specified. The Contractor shall remove debris within 24 hours after notification.

(4) The Contractor shall pick-up and return the containers between the hours of 4 AM and 6 AM.

(5) The Contractor shall schedule the removal of the containers so the facility is not without a container for more than three (3) hours.

(6) The Contractor shall ensure that within 10 feet of the collection site, the area is free of loose debris at the end of each collection. Refuse placed at the collection site in boxes, bags, cartons, etc. shall be removed at the same time as if it were placed in the regularly provided containers. Spillage at the collection site shall be cleaned-up before the collection vehicles move from the site.

C.10 TIMELY REMOVAL OF TRASH AND DEBRIS

If the trash and debris are not removed within the specified time or the container is not returned to its original location and position, the Government reserves the right to have this material removed or the container relocated by other means, and charge the

Contractor applicable costs incurred for such removal.

C.11 SERVICE REQUIREMENT CHANGES

Days, times locations and scheduled pick-ups may be dropped, added or changed to best serve the needs of the Government. Permanent schedule and service changes shall only be made by the Contracting Officer by modification of the contract specifications.

C.12 PICK-UP TICKETS

(1) A copy of the pick-up ticket for compactor and debris removal services shall be provided to the COR. It is the responsibility of the Contractor to have all tickets numbered and dated for the day of the pick-up. Also, the location of the pick-up and the permit/license number of the container must be listed on the tickets.

(2) The Contractor will be reimbursed for dumping and disposal fees incurred in the performance of this contract. Legible copies of the landfill/transfer station tickers must accompany the invoices.

C.13 DISPOSAL FACILITY

(1) Selection of a certified disposal facility shall be the responsibility of the Contractor.

(2) The Contractor shall remove all collected debris from the premises and transport to a processing facility for the purpose of manufacturing or recycling to the extent possible. Trash and debris not transported to a facility for manufacture or recycling shall be disposed of only through a waste disposal facility that has been certified by the appropriate state or local agency for waste management, or by the Environmental

Protection Agency (EPA).

C.14 SAFETY REQUIREMENTS

To better protect the Government and Contractor personnel, the Contractor shall ensure that drivers follow all prudent safety practices while operating a motor vehicle. All large vehicles must have operable parking/emergency parking systems, backup alarms and wheel chocks.

C.15 PERSONNEL SECURITY CLEARANCE REQUIREMENTS – See SECTION H.8

C.16 QUALITY CONTROL REQUIREMENTS

The Contractor shall establish a quality control program to assure the requirements of the contract are provided as specified. One copy of the Contractor’s basic quality control program shall be provided to the CO on the contract start date and as changes occur. This program shall include but not be limited to the following:

A. QUALITY CONTROL

(1) An inspection system covering all the services stated in the specifications. It shall specify areas to be inspected on either a scheduled or unscheduled basis and the individuals who will do the inspection.

(2) A method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

(3) A file of all inspections conducted by the Contractor and the corrective action taken. This document shall be made available to the Government during the term of the contract and until such time that final payment is made.

B. QUALITY ASSURANCE

The Government shall monitor the Contractor’s performance under this contract to ensure compliance with the contract terms and conditions using the quality assurance procedures specified in the surveillance plan and specifications.

C. SURVEILLANCE PLAN

All work and services performed as included in the specifications for this contract shall be performed in accordance with proper trash and debris removal procedures and shall be subject to inspection and approval by the COR.

C.17 INSURANCE REQUIREMENTS

The Contractor shall carry and maintain insurance, in accordance with Clause H.10 and shall furnish proof of insurance to the Contracting Officer identified in Section G.2 no later than ten (10) days after contract award.

C.18 INSPECTION OF MAIN JUSTICE FACILITY

Prospective offerors are required to inspect the MAIN facilities (950 Pennsylvania

Avenue, NW) where services are to be performed to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. A site visit is planned as described in Section L of this

RFP. In no event shall failure to inspect the site constitute grounds for a claim after award.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

SECTION D

PACKAGING AND MARKING

D.1 Preservation, packaging, and packing for all items delivered hereunder shall be in accordance with commercial practice and adequate to insure acceptance by common carrier and safe arrival at destination. The Contractor shall place the contract number on or adjacent to the exterior shipping label.

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. 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):

__ www.acquisition.gov

(End of clause)

E.2 FAR 52.246-2 Inspection of Supplies - Fixed

Price (AUG 1996)

FAR 52.246-4 Inspection of Services - Fixed

Price (AUG 1996)

E.3 INSPECTION AND ACCEPTANCE

A. Inspection and acceptance of services to be furnished hereunder shall be performed at place of performance or destination, by the COR or his designated representative, in accordance with Clauses in E.2, and any other provisions specified in this contract. The

Government reserves the right to conduct any inspection and tests it deems reasonably necessary to assure that the services provided conform in all respects to the contract specifications. Services which upon inspection are found not to be in conformance with contractual specifications shall be promptly rejected and notice of such rejection, together with appropriate instructions will be provided to the Contractor by the

Contracting Officer.

B. Inspection will be completed within thirty (30) calendar days after completion.

1. In the event services are of a continuing nature and this contract prescribes periodic payments based upon increments of time rendered (e.g., hours or months of service), completion of services will be deemed to have occurred at the end of each whole or fractional month falling within the contract term.

2. In the event services are not of a continuing nature, such that this contract prescribes payment based upon fixed units delivered (e.g., characters keyed), completion will be deemed to have occurred upon delivery.

C. Payment will constitute notification of acceptance.

D. Written notification of negative inspection results will be furnished within 30 days after completion.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

available. Also, the full text of a clause may be accessed electronically at this/these address(es):

__www.acquisition.gov_

(End of clause)

F.2 FAR 52.242-15 Stop Work Order (AUG 1989)

FAR 52.242-17 Government Delay of Work (APR 1984)

FAR 52.247-35 F.O.B. Destination, Within Consignee's Premises (APR 1984)

F.3 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting performance requirements, or when he anticipates difficulty in complying with the contract delivery schedule or completion 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, the Contractor shall immediately notify the Contracting Officer and the COR, in writing, giving pertinent details;

provided, however, that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.4 Period of PERFORMANCE

1. The base period of performance shall be from October 1, 2016 through September 30, 2017, with four (4) one-year option periods thereafter.

2. This contract may be extended, at the option of the Government, upon the same terms and conditions for a period of one (l) year or fractions thereof by the Contracting Officer giving written notice of the Government's exercise of such option to the Contractor by the first day of each fiscal year or within thirty (30) calendar days after funds for that fiscal year become available. Such exercise shall not have effect unless the Contracting Officer has given preliminary written notice of an intent to exercise such option at least thirty (30) days prior to the last day of the term of the contract. Such preliminary notice shall not be construed as an exercise of the option, and will not bind the Government to exercise the option. If the

Government exercises such option, the contract, as extended, shall be deemed to include this option provision; provided, however, that the total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty (60) months. [Performance of services under any such extension shall be at the prices, labor rates or estimated cost plus fixed fee, specified herein.] Note however, that options exercised under FAR 52.217-8, Option to

Extend Services, do not count towards the sixty (60) months limit.

3. Both the stationary compactor and the open top container shall be delivered and received at destination within five (5) business days after the removal of the existing equipment.

F.5 NOTICE TO PROCEED

Upon contract award, the Contractor shall have ten (10) calendar days in which to furnish:

1. Proof of Insurance as required by Section C.17 and H.10;

2. Equipment Listing as required by Section C.6; and,

3. Performance Bond as required by H.11.

Failure to provide these items in the required time may be cause for the contract to be terminated for default. Upon the Government’s verification and acceptance of these items, the

Contracting Officer will issue a Notice to Proceed, specifying a performance start date.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

A. The performance of work required herein shall be subject to the technical direction of the cognizant Contracting Officer’s Representative (COR) or his designee with respect to technical matters pertaining hereto. As used herein, "Technical

Direction" is direction to the Contractor which fills in details, suggests possible lines of inquiry, or otherwise supplements the scope of work. "Technical Direction" must be confined to the general scope of work set forth herein and shall not constitute a new assignment, nor supersede or modify any other Clause of this contract. To be valid, technical direction:

1. must be issued in writing consistent with the general scope of work set forth in the contract;

2. shall not change the expressed terms, conditions, or specifications incorporated into this contract; and

3. shall not constitute a basis for extension to the contract delivery schedule or contract price.

B. The COR is authorized to:

1. Act as liaison and to coordinate Contractor/Government activities;

2. Arrange for and coordinate the use of Government resources (personnel, space, documents, etc.);

3. Provide technical guidance in the performance of the contract; and

4. Receive, review and approve (but not reject or deny) progress reports, selected invoices and final reports or other functions of a technical nature. The authority to reject performance and deny associated invoices is expressly reserved for the

Contracting Officer.

C.

Mr. John Jansen

U.S The COR does not have the authority to alter the Contractor's obligations under the contract; direct changes that fall within the purview of the clause entitled "Changes" and/or modify any of the expressed terms, conditions, specifications, or price of the contract. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Specification/Work Statement, the Contracting Officer shall issue such changes in writing and signed.

D. The COR assigned cognizance of this contract is:

. Department of Justice

Justice Management Division

Facilities and Administrative Services Staff

950 Pennsylvania Ave., NW

Washington, DC 20530

Telephone: 202-514-0218

Email: john.jansen@usdoj.gov

E. A copy of all written communications shall be concurrently mailed or otherwise furnished to the Contracting Officer at the address set forth in Clause G.2.

G.2 CONTRACT ADMINISTRATION

This contract will be administered by:

(to be filled in by the Government at Contract Award)

Contracting Officer

U.S. Department of Justice

Procurement Services Staff

Two Constitution Square

145 N Street, NE

Washington, DC 20530

Telephone: (inserted by the Government at Contract Award)

Written communications shall make reference to the contract number and shall be mailed to the above address.

G.3 CONTRACTOR REPRESENTATIVE

The Contractor's Representative to be contacted for all contract administration matter is:

(to be filled in by prospective Contractor)

Name:

Address:

Telephone:

Fax:

Email:

G.4 PAYMENT PROVISIONS FROM THE FEDERAL ACQUISITION REGULATIONS

(FAR) APPLICABLE TO THIS CONTRACT

mailto:john.jansen@usdoj.gov

A. The current FAR clause entitled Prompt Payment, is made a part of this contract by reference.

B. Subdivision (a)(5)(i) of the Prompt Payment clause is modified to specify the following period for constructive acceptance by the Government: Government acceptance shall be deemed to have occurred constructively on the 30th day after the Contractor delivered the supplies or performed the services in accordance with the terms and conditions of the contract.

C. Invoices for supplies or services furnished under this contract shall be submitted to the

COR at the address shown in Clause G.1. Invoices may be submitted either with delivery or subsequent to delivery of the required items, or, in the case of services on a monthly basis upon completion of the service. All invoices shall contain the

Contractor's Taxpayer Identification Number (TIN).

D. For firm fixed price contracts the COR will certify the invoice for payment and forward the invoice to the Finance Office specified in paragraph E below for payment with a conformed copy to the Contracting Officer specified in Clause G.2. For CPFF, T/M or

L/H contracts, the COR will certify the invoice for payment and forward it to the

Contracting Officer in Clause G.2. Negative inspection results will be reported immediately to the Contracting Officer.

E. The office that will make the payments due under this contract (i.e., the designated payment office) is:

U.S. Department of Justice

FDSS

600 E Street NW Room 4045

Washington, D.C. 20530-0001

F. All invoices submitted for payment shall contain the following basic information:

1. Contract Number

2. Document Control Number

3. Date of the invoice

4. Invoice Number

5. Date service was performed or job date

6. Contractor's complete mailing address, including zip code and telephone number

7. Contractor's Tax ID Number (TIN)

G.5 FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER –

CENTRAL CONTRACTOR REGISTRATION (JUL 2013)

(a) Method of payment.

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the

Contractor agrees to either-

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated

Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR Part 210.

(d) Suspension of payment. If the Contractor's EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the Government used the

Contractor's EFT information incorrectly, the Government remains responsible for-

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in the CCR database and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the

Contractor, or a financial institution properly recognized under an assignment of claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the

EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the SAM database.

G.6 INVOICE FOLLOW-UPS

All follow-up invoices shall be marked "Duplicate of Original". Contractor questions regarding payment information or check identification should be directed to the DOJ

Vendor Assistance Hotline (202) 616-6260.

G.7 SECURITY PROGRAMS MANAGER (SPM)

A. Upon contract award, a Security Programs Manager (SPM) will be designated to coordinate those aspects of this contract which pertain to obtaining and maintaining security clearances at the appropriate levels for Contractor personnel performing hereunder.

B. During the pre-award phase of this contract, the SPM is responsible for performing the following duties:

1. Provide the Contracting Officer with the appropriate Contractor personnel security screening requirements (including waiver requirements, if appropriate) and background investigation (BI) requirements for obtaining services of non-federal employees under the resultant contract and task orders.

2. Determine the risk level for each Contractor position. The risk level must be based on an overall assessment of the damage that an untrustworthy Contractor could cause to the efficiency or the integrity of Departmental operations. The

SPM shall provide this information to the Contracting Officer for inclusion in the resultant contract.

3. Certify that the personnel security requirements of the contract are adequate to ensure the security of Departmental operations, information and personnel. The

SPM shall provide this written certification to the Contracting Officer prior to release of the Request for Proposals.

C. The SPM for this contract is:

(to be filled in by the Government at Contract Award)

Facilities and Administrative Services Staff

U.S. Department of Justice

1331 Pennsylvania Ave., NW, Suite 1060

National Place Building

Washington, DC 20530

Telephone:

D. The personnel security requirements of this contract are set forth in Sections C.15 and

H.3.

E. Following award of this contract, the SPM shall ensure that the personnel security requirements set forth herein are followed. In addition, the SPM shall comply with the supplemental guidelines provided to him or her by the Contracting Officer.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACT TYPE

This is a Firm Fixed Price (FFP) contract.

H.2 FREEDOM OF INFORMATION ACT REQUESTS FOR CONTRACTOR'S

PROPOSAL

Notwithstanding any other provision in this contract or any statement or restriction in the

Contractor's proposal, by entering into this contract, the Contractor acknowledges that the

Government will release Section B of this contract in its entirety in response to Freedom of

Information Act (FOIA) requests without giving the Contractor advance notice of the release.

With respect to a FOIA request for any part of the Contractor's technical proposal that is either set forth or incorporated by reference in this contract, before responding to the FOIA request the Government will afford the Contractor an opportunity to explain why it believes some or all of the relevant parts of the technical proposal may be exempt from release under the FOIA.

H.3 INDEMNIFICATION

A. Responsibility for Government-owned or -leased Property and Equipment

During contract performance, the Contractor shall be responsible for all negligent acts or omissions of its employees or agents or the employees or agents of its subcontractor(s). In this regard, the contractor shall, at no cost to the Government and at the Government's option, replace or compensate the Government for any damage to or loss of Government-owned or -leased property caused by such negligent acts or omissions.

B. Responsibility for Contractor or Third Party-owned or -leased Property and Equipment

The contractor shall indemnify the Government against any and all liability claims for loss or damage to any Contractor owned or leased property occurring as a result of negligence or omissions by employees or agents of the contractor or its subcontractor(s) in connection with the performance of work under the terms of this contract.

C. Responsibility for Property and Equipment Damaged or Lost through no fault of the

Contractor or the Government.

Property damage or loss that occurs through no fault of either the Contractor, their subcontractors or agents or the Government shall be the responsibility of the party holding title to or having leased the property.

H.4 PERMITS AND LICENSES

In the performance of work hereunder, the Contractor shall obtain and maintain in effect all necessary permits and licenses required by Federal, State, or local government, or subdivisions thereof, or of any other duly constituted public authority. Further, the Contractor shall obey and abide by all applicable laws and ordinances.

H.5 PROHIBITION AGAINST SOLICITING AND PERFORMING PERSONAL

SERVICES

A. The performance of personal services under this contract is strictly prohibited.

B. Personal service contracting is described in Section 37.104 of the Federal Acquisition

Regulations (FAR). There are a number of factors, when taken individually or collectively, which may constitute personal services. Each contract arrangement must be judged in light of its own facts and circumstances, but the question relative to personal services is: Will the Government exercise relatively continuous supervision and control over the contractor personnel performing this contract?

C. The government and the Contractor understand and agree that the support services to be delivered under this contract are nonpersonal services in nature, that is no employer-employee relationships exist or will exist under the contract between the government and the contractor or between the Government and the contractor=s employees.

D. Contractor personnel under this contract shall not:

1. Be placed in a position where they are appointed or employed by a Federal employee, or are under the supervision, direction, or evaluation of a Federal employee.

2. Be placed in a Federal staff or policy making position.

3. Be placed in a position of supervision, direction, or evaluation over DOJ personnel, or personnel of other contractors, or become a part of a government organization.

E. Employee Relationship

1. The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the government.

2. Rules, regulations, direction, and requirements which are issued by DOJ management under their responsibility for good order, administration, and security are applicable to all personnel who enter a Government installation.

This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

3. The Contractor shall immediately advise the Contracting Officer if the contractor or its employees are directed by any Government employee to perform work that the Contractor believes constitutes personal services.

F. Contractor Management Responsibility

The Contractor shall appoint a supervisor/manager who will be the contractor’s authorized representative for technical and administrative performance of all services required hereunder. The supervisor shall provide the single point of contact through which all contractor/government communications, work, and technical direction shall flow. The supervisor shall receive and execute, on behalf of the Contractor, such technical direction as the COR may issue within the terms and conditions of the contract. All administrative support of contractor technical personnel required to fulfill the tasks assigned under this contract shall be the responsibility of the contractor.

H.6 OBSERVANCE OF LEGAL HOLIDAYS/FEDERAL NON-WORK DAYS

A. The Contractor must establish a standard holiday schedule that exactly coincides with the Government's schedule for employees working on Government site. Holidays observed are listed below. Holidays and other non-work days are not billable unless work is requested by the Government and performed on these days. The following is a list of Government holidays:

1. New Year's Day;

2. Martin Luther King's Birthday;

3. Presidents Day;

4. Memorial Day;

5. Independence Day;

6. Labor Day;

7. Columbus Day;

8. Veteran's Day;

9. Thanksgiving Day;

10. Christmas Day; and

11. Inauguration Day (every fourth year) for employees working in the

Washington DC metro area)

B. No work shall be performed by Contractor personnel on Government facilities on

Federal holidays or other non-work days without prior written approval of the COR.

Work performed on holidays, weekends or other non-work days shall be billable at regular approved rates.

C. There are certain types of irregularly occurring circumstances that prompt the

Government to close its offices where Contractor personnel are working, either on a national or local basis (i.e., bomb threats, inclement weather, power outages, death of a national figure, or funding lapses). Contractor staff shall not work if the Government is closed, unless otherwise authorized by a fully executed Task Order or the Contracting

Officer. Non-work due to the Government closing its facility(ies) is not an expense directly reimbursable to the Contractor. However, in those rare instances when the

Government operations are curtailed for the balance of a workday that has already commenced, the Contractor may bill for the balance of the scheduled workday with the written acknowledgment of the COR and final approval of the Contracting Officer.

H.7 PERSONNEL REQUIREMENTS (HIRING)

The Contractor shall not hire any employee with the specific purpose of providing interim employment for the employee until employment by the Government can be effected.

H.8 SECURITY REQUIREMENTS - UNCLASSIFIED

(a) The work to be performed under this contract will involve access to unclassified information. All references to “contract(or) personnel” and “contract employee” in this clause include all individuals that will perform under this contract, including individuals employed by the Contractor, team member, subcontractor, consultant, and/or independent contractor.

(b) Duplication or disclosure of the data and other information to which the Contractor may have access as a result of this contract is prohibited by Public Law and is subject to criminal penalties.

1.1 Contractor Personnel

(a) All Contractor personnel will be subject to a Public Trust Investigation (PTI).

Except where specifically noted otherwise (e.g., 1.1.5(a)), the Government will be responsible for conducting the investigation and the cost of the investigation. All investigations will be conducted in accordance with applicable Executive Orders, DOJ Orders, Office of Personnel

Management (OPM) guidance, Homeland Security Presidential Directive 12 (HSPD-12), and

Federal Information Processing Standard Publication 201 (FIPS 201).

(b) PTI certifications will be accepted from other Federal agencies provided the investigation performed by the other agency meets or exceeds DOJ requirements.

(c) The Contractor will not be permitted to commence performance under this contract until a sufficient number of its personnel, as determined by the COR and Security Programs

Manager (SPM), have received the requisite security approval.

(d) During the life of the contract, the Contractor shall ensure that no contract employee commences performance hereunder prior to receipt of a written authorization from the Contracting Officer, the COR, or the SPM.

1.1.1 Access to Unclassified Information

(a) Contractor personnel requiring access to unclassified information will fall under the following categories:

(1) High Risk. High risk positions are those positions that have the potential for exceptionally serious impact on the integrity and efficiency of the DOJ and involve duties especially critical to the DOJ or a program mission with broad scope of policy or program authority.

(2) Moderate Risk. Moderate risk positions are those positions that have the potential for moderate to serious impact on the integrity and efficiency of the

DOJ. Duties involved are very important to the DOJ or program mission with significant program responsibility or delivery of services.

(3) Low Risk. Low Risk positions are those positions that have limited potential for adversely affecting the national security operations of the

Department.

1.1.2 Pre-Appointment Background Investigations and Waivers

(a) Background investigations must be conducted and favorably adjudicated for each contract employee prior to commencing work on this contract. However, where programmatic needs do not permit the Government to wait for completion of the entire background investigation, a pre-appointment background investigation waiver can be granted by the SPM, in consultation with the cognizant COR. The extent of the background investigation will vary depending upon the Risk Category associated with each position and whether each position is long- or short-term. Short-term is defined as contract employees having access to Federally-controlled information systems and/or unescorted access to Federally-controlled facilities or space for six months or fewer. The requisite background investigation does not need to be initiated for short-term positions as part of the pre-employment waiver except in the case of non-U.S. citizen contract employees. However, long-term contract employees requiring unescorted access to Federally-controlled facilities and/or access to any Federally-controlled information system shall be subject to the requisite background investigations described below.

A waiver will be disapproved if it develops derogatory information that cannot be resolved in the contract employee’s favor. When a waiver has been disapproved, the COR, in consultation with the SPM, will determine (1) whether the contract employee will no longer be considered for work on a DOJ contract or (2) whether to wait for the completion and favorable adjudication of the background investigation before the contract employee commences work on a Department contract. The minimum pre-appointment investigative requirements are as follows:

(1) High Risk Positions. The minimum background investigation required is a five year scope Background Investigation (BI), and the five year reinvestigation required is an Access National Agency Check with Inquiries

(ANACI). The Standard Form (SF) 85P, Questionnaire for Public Trust

Positions, is required.

(2) Moderate Risk Positions. The minimum background investigation required is a Minimum Background Investigation (MBI) for “moderate” impact on the integrity and efficiency of the DOJ or a Limited Background

Investigation (LBI) for “serious” impact potential on the DOJ’s integrity and efficiency.