RFP_DJOOAR13001_-_Amendment_01_PACS_FBO.pdf

SECTION B

B-1

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 General

The resulting contract from this solicitation is titled Program Management, Administrative, and Clerical Services or PACS and is available for use by all Bureaus and Offices of the Department of Justice, Office of Justice Programs (OJP). PACS is designated as a competitive 8(a) set-aside.

The Contractor shall provide, in accordance with issued Task Orders (TOs), all management, supervision, labor, facilities, and materials necessary to perform PACS support services on an Indefinite Delivery Indefinite Quantity (IDIQ) basis. TOs will be issued as Time & Materials (T&M), Labor Hour (LH), or Firm Fixed Price (FFP) in accordance with FAR Part 16. TOs will be issued in accordance with the procedures set forth in Section G of this contract.

B.2 Base and Option Periods

This contract consists of one (1) base year and four (4) one (1) year option period(s). This is not a multi-year contract as defined in FAR 17.1.

TOs will be issued with specific performance periods. The period of performance is described below:

YEAR BEGINNING ENDING

Base Period February 5, 2013 February 4, 2014 Option Period I February 5, 2014 February 4, 2015 Option Period II February 5, 2015 February 4, 2016 Option Period III February 5, 2016 February 4, 2017 Option Period IV February 5, 2017 February 4, 2018

B.3 Contract Pricing

B.3.1 Time and Materials/Labor Hour/Firm Fixed Price Rates

All task orders issued for services to be performed in the United States will be priced in accordance with the hourly rates set forth in Section B.4 Labor Category Rate Table. The labor rates in this section reflect fully-burdened rates for each labor category and will apply to all direct labor hours. The labor categories, hourly rates, and indirect administrative cost rates are detailed in Section B.4, Labor Category Rate Table.

The Fully burdened hourly rates are ceiling price rates and the Contractor may, at its discretion, elect to propose lower hourly rates for individual task orders.

(a) Labor. Section B.4 Labor Category Rate Table, represents fully-burdened hourly rates for each labor category. The fully-burdened labor rates include all direct, indirect, general and administrative costs, and profit associated with providing the required skill. The fully-burdened labor rates include all labor and labor-related costs, such as, but not limited to, the following list of representative labor-related costs: salaries, wages, bonuses to include stock bonuses, incentive awards, employee stock options, stock appreciation rights, employee stock ownership plans, employee insurance, fringe benefits, contributions to pension, other post-retirement benefits, annuity, employee incentive compensation plans, incentive pay, shift differentials (if applicable), overtime (for applicable wage determination labor categories), vacation time, sick pay, holidays, and all other allowances based upon a comprehensive employee compensation plan. If overtime is required for Wage Determination applicable labor categories at the TO level, overtime will be compensated in accordance with the Service Contract Act. The use of uncompensated overtime is not encouraged. All hourly rates are based on a 40-hour work-week (ex. 1,920 hours per year or in accordance with the Contractor’s accounting practices).

(1) Government Site Rates. When performing at Government sites within the United States, the Contractor shall provide services at or below the fully-burdened labor rates indicated in Section B.4 Labor Category Rate Table. The Government will provide office space, furniture, and office equipment and supplies, as described in Section H.5 and H.6 and as specified in the individual Task Orders.

(2) Contractor Site Rates. When performing at a Contractor site within the United States, the Contractor shall provide services at or below the fully-burdened labor rates included in Section B.4 Labor Category Rate Table which include loads for office space and all normal supplies and services required to support the work. This includes, but is not limited to, telephones, faxes, copiers, personal computers, postage (to include courier services such as Federal Express), ordinary business software (e.g., word processing, spreadsheets, graphics, etc.), normal copying and reproduction costs.

SECTION B

B-2

(b) Program Management (Contract-Level) Support Costs. Contract-level program management support costs shall not be billed as a direct charge to the PACS base contract or task orders. Program management support costs encompass support for contract-level management, reporting requirements (see Section F) and related travel and meeting attendance costs associated with the Contractor’s program management staff, as it relates to the overall management of the PACS program.

(c) Project Management (Task Order-Level) Support Costs. Contract-level program management support costs are differentiated from individual task order project management support costs. TO Project Management support costs may be billed as hourly labor rates against individual task orders for direct support of the effort performed under those task orders. This will result in direct billings at the task order-level for labor hours in “Project Manager” category, to specifically support program or project management for the task order.

(d) ODCs. ODCs consist of materials, subcontractor (other than labor) and task order-related travel costs. These percentages are indicated in the Section B.4 Labor Category Rate Table under the ODC rates. T&M and LH type TOs will include hours at the proposed rates herein for each skill category, plus material (ODCs) and the indirect rate burden (i.e. percentages applied to travel, materials or subcontracts). The cost of general purpose items required for the conduct of the Contractor’s normal business operations will not be considered an allowable ODC in the performance of task orders under this contract. Profit is not allowed on ODCs under a T&M or LH type task order.

B.3.1.1 Firm Fixed Price (FFP) Task Orders

For FFP task orders, the quantity of each item or labor category ordered will be multiplied against the rate negotiated at the contract level, or as negotiated for TO, and the cumulative extended total of all items ordered will define the fixed price for the TO. Travel and ODCs, if applicable, may be estimated for each TO, burdened with the indirect administrative cost rates negotiated at the contract level, or as negotiated for the TO. Any total rate negotiated for travel and ODCs will be added to the extended price of all ordered items to arrive at the fixed price for the TO. Partial payment for FFP TOs may be negotiated based on the completion of milestones.

B.3.1.2 Time and Materials (T&M) and Labor Hour (LH) Task Orders

For T&M and LH task orders, the quantity of hours ordered from each labor category will be specified as deliverable hours billable at the ceiling rates specified in Section B.4 Labor Category Rate Table or as negotiated, if lower rates are proposed for the TO. If applicable, travel and ODCs will be estimated for each TO and burdened with the indirect administrative cost rates specified in Section B.4. Profit on travel and ODCs is not allowable. The cumulative extended total of all labor categories ordered plus travel and ODCs will define the ceiling price. TOs may authorize adjustments between labor category quantities of up to 10%, within the established task order ceiling price, without a formal modification. The Government will not reimburse the Contractor for costs incurred beyond the ceiling price, for hours not delivered, for hours delivered but in excess of the quantities ordered for a particular labor category or for travel and ODCs exceeding the ordered amount. Labor dollars will not be used for ODCs nor ODC dollars used to pay for labor without a contract modification.

B.4 Labor Category Rate Table

The Labor Category Rate Table represents all labor category rates for performance of the requirements as specified in individual Task Orders for performance within the United States. Fully loaded hourly rates are included for each labor category both at the Contractor site and at Government sites. These fully-loaded hourly labor rates are the ceiling rates representing the maximum rates allowable for Prime and Subcontractors. The years cited in Attachment J-3, Pricing Templates, represent contract years. Only Government-required labor categories are included in this table. Additional labor categories may be proposed after contract award, in accordance with G.8.

Labor Category Rate Table (To be completed at time of award) Labor Category Functional

Category Contractor Site Rate Government Site Rate

This table will be completed at time of award. See Attachment J-7 for Labor Categories.

TBD (to be inserted at contract award)

(to be inserted at contract award)

Indirect Administrative Costs (to be Applied to Other Direct Costs Negotiated at the Task Order Level, as Appropriate)

Travel Burden Markup Percentage

Materials or Subcontracts Handling Markup Percentage

SECTION C

C-1

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Statement of Work

PROGRAM MANAGEMENT, ADMINISTRATIVE, AND CLERICAL SERVICES (PACS)

Objective

The primary goal of this acquisition is to establish a suite of indefinite delivery indefinite quantity contracts for non-IT services that will enable OJP to accomplish mission objectives. The acquisition and resulting multiple award contracts will collectively be referred to as PAC (Program Management, Administrative, and Clerical Services) and are designed to offer a broad range of services and solutions to fulfill the majority of departmental service’s needs. This Statement of Work is comprised of three (3) Functional Categories (FC): Program Management – FC1, Administrative – FC2, and Clerical – FC3. Specific requirements will be further identified and defined at the task order level.

Scope of Work

The Contractor shall provide the full range of program management, administrative, and clerical services in one (1) or more of the Functional Categories to meet the mission needs of OJP. As identified in individual Task Orders (TOs), the services provided under PACS will support OJP on an agency-wide basis. The Contractor shall furnish the necessary personnel, materials, equipment, facilities, travel, and other services required to satisfy the TO requirements. While the Statement of Work (SOW) identifies three (3) Functional Categories, the suite of resulting contracts are intended to satisfy a full range of related requirements. The scope of each individual IDIQ contract will be based upon the functional categories for which the Contractor proposed and is selected.

All prime Contractors awarded IDIQ contracts under PACS must be an 8(a) concern. The North American Industry Classification System (NAICS) Codes and size standard for each Functional Category are as follows:

Functional Category (FC) Description NAICS Code Size Standard FC1 Program Management

Services 541611 $14M

FC2 Administrative Services 561110 $7M

FC3 Clerical Services 561410, 561421, and 561431

$7M

Period of Performance

The period of performance shall comprise of one (1) base year and four (4) one (1) year option periods.

Contract and Task Order Management

Contract and TO management is a mandatory element for all TOs issued under the PACS contract. The objective of contract and TO management is to provide the program management, project control and contract administration necessary to manage a high volume, multiple contract type TO process for a large, diversified team so that the cost, schedule and quality requirements of each order are tracked, communicated to the Government, and ultimately attained. The use of commercially available automated tools and the application of expertise on processes and metrics that support task order management are encouraged to achieve the above objectives. The objective of the tools is to provide quicker access, improved accuracy, and enhanced accessibility for Contractors/clients. Additionally, they will promote timely monitoring of status/deliverables, facilitate the tracking of the quality of work products, and gauging overall customer satisfaction.

Functional Categories

The Contractor shall furnish the full range of solutions and services necessary to meet the scope of the requirement of this contract and individual TOs as related to the functional categories as described in this section. All solutions and services must meet OJP policies, standards, and procedures as identified by individual TOs.

Functional Category 1 – Program Management

The Contractor shall provide advisory and assistance services on administrative management issues, such as financial planning and budgeting, equity and asset management, records management, office planning, strategic and organizational planning, site selection, and business process improvement. Services under this Functional Category may also include, but are not limited to, that of general management consultants that

SECTION C

C-2 provide a full range of administrative; human resource; marketing; process, physical distribution and logistics; or other management consulting services.

Functional Category 2 – Administrative Services

The Contractor shall provide day-to-day office administrative services, such as financial planning; billing and recordkeeping; personnel; and physical distribution and logistics.

Functional Category 3 – Clerical Services

The Contractor shall provide the full range of clerical services to include (1) letter drafting; (2) document editing or proofreading; (3) typing, word processing or desktop publishing; and (4) stenography (except court reporting or stenotype recording), transcription and other secretarial services, (5) answering telephone calls and relaying messages to clients, (6) postal and mailing services and (7) one or more other office support services, such as facsimile services, and word processing services.

SECTION D

D-1

SECTION D - PACKAGING AND MARKING

D.1 OJP 2852.242-70 Packing and Marking (MAR 2001)

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

SECTION E

E-1

SECTION E - INSPECTION AND ACCEPTANCE

E.1 Notice Listing Contract Clauses Incorporated by Reference

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.246-4 INSPECTION OF SERVICES – FIXED PRICE AUG 1996

52.246-6 INSPECTION– TIME-AND-MATERIAL AND LABOR-HOUR MAY 2001

SECTION F

F-1

SECTION F - DELIVERIES OR PERFORMANCE

F.1 Notice Listing Contract Clauses Incorporated by Reference

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE in Section I of this contract. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

52.242-15 STOP-WORK ORDER AUG 1989

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

F.2 OJP 2852.242-72 Period of Performance Option Contracts (MAR 2001)

All work called for under this contract, including submission of all reports, shall commence on the effective date of this contract and shall continue for a 12 month Base Period and 12 month option periods, if extended under the clause entitled “Option to Extend the Term of Contract.” The anticipated period of performance for the base period is February 5, 2013 through February 4, 2014.

F.3 OJP 2852.242-73 Place of Performance (FEB 2012)

The effort required under this contract shall be performed at:

Office of Justice Programs 810 7th Street, NW Washington, DC 20531

F.4 OJP 2852.212-70 Notice to the Government of Delays (FEB 2012)

In the event the Contractor encounters difficulty in meeting the 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 clause shall not be construed as a waiver by the Government or any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.5 OJP 2852.242-74 Reports (APR 2012)

In addition to providing all services required by this order, the Contractor shall prepare and submit the following reports:

(a) Contract Status Report

The Contractor shall provide a monthly task order activity report, organized by the OJP component, to the PACS Contracting Officer and the PACS Contracting Officer's Representative (COR). The sample format is provided in Attachment J-1, Sample Monthly Contract Status Report.

The report is due by the 15th calendar day of each month via email, one copy to AMD_Reports@usdoj.gov, and one copy to the COR. This report is a required deliverable for all Contractors, even if there is no activity to report.

(b) Monthly Technical Progress Reports

A monthly technical progress report shall be submitted via email, one copy to AMD_Reports@usdoj.gov, and one copy to the (COR), not later than the tenth (10) day of the month following the month being reported. The Monthly Technical Progress Report shall cover the period beginning with the first of the month and continuing through the end of the month, except for the partial period of the months the order begins and ends. These reports shall be in narrative form; shall cover progress during the reporting period; and shall contain, at a minimum, the following information:

(1) Progress made to date on the specific work to be accomplished (including statistical data on calls received).

(2) A summary of the work in progress.

(3) Problems and difficulties encountered.

(4) Previous problems and difficulties solved, including late assignments.

mailto:AMD_Reports@usdoj.gov

SECTION F

F-2

(5) Assistance or guidance required of the COR or the Contracting Officer.

(6) Next work scheduled to be undertaken.

(c) Monthly Financial Reports

(1) The Contractor shall submit a Monthly Financial Report via email, one copy to AMD_Reports@usdoj.gov, and one copy to the COR, not later than the fifteenth (15) day of the month following the month being reported. The Monthly Financial Report shall cover the period beginning with the first of the month and continuing through the end of the month, except for the partial period of the months the order begins and ends. The financial report shall show "Monthly Expenditures," "Expenditures to Date," and the "Balance Remaining."

(2) Monthly Technical Progress Reports which are required to address each item or task that has been accomplished to date in accordance with paragraph (b)(1) of this clause shall be accompanied by a Monthly Financial Report pertaining to the work covering the same categories of expenditures enumerated in paragraph (c)(1) of this clause.

(d) Prime Contractor Performance Requirements/Subcontracting Report

In accordance with FAR 52.219-14, Limitations on Subcontracting, at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern. In order to ensure that the required percentage of costs on this Indefinite Delivery Indefinite Quantity (IDIQ) award are performed by the Contractor, the Contractor must demonstrate semi-annually that it has successfully met this requirement during that six (6) month period. Meeting this requirement is defined as spending at least 50 percent of the cost of personnel for contract performance for employees of the Contractor for the combined total of all task orders issued to date.

This requirement need not be met on task orders issued during the first six months of the base contract award. However, by the time of the second semi-annual submission, the requirement must be met for the combined total of all task orders issued to date.

A separate report shall be completed for each awarded functional area and included in the submission. The submission is due to the PACS Program Manager, and shall be submitted via email no later than 30 days after the end of each six month period. The start of the first six month period is the date of contract award. The Contractor shall use the form found in Attachment J-2, Sample Subcontracting Report, when providing their submission.

Contract options for contractors not in full compliance with FAR 52.219-14 may not be exercised. Willful failure or refusal to furnish the required reports, or gross negligence in managing the subcontracting limitation, or falsification of reports constitutes sufficient cause to terminate the Contractor for default.

SECTION G

G-1

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Contract Management Requirements

The following general principles shall be applied in the conduct of activities under this procurement.

1. Regular contact will be held monthly or at other designated frequencies between the Contractor and the COR. Distance from D.C.

will be considered in establishing the frequency of face-to-face meetings.

2. The technical assistance provided must be responsive to the directions, as represented by the COR.

3. The contractor must interact with technical personnel to support the goals and objectives of the Office of Justice Programs.

4. All consultants and employees of the Contractor providing services under the order must have their rates approved by the COR and the Contracting Officer.

5. The Contractor shall be responsible for the effective management of all training provided under this procurement. The management plan must specifically address the special requirements and project tasks indicated in this proposal request.

6. The Contractor shall demonstrate in the management plan procedures and policies to assure fiscal integrity of the contract and maximum cost effectiveness of all contract expenditures.

7. The contractor must submit all reports and written products resulting from this contract to the COR for review and comment prior to publication. The contractor must submit to the COR for approval any reports or written products or services that the contract will develop and publish using contract funds.

8. The Contractor shall contact the COR within 10 working days after the award of the order to discuss the overall conduct of the order, the project design, and the proposed work plans. Any revisions required by the COR must be submitted for approval within 10 working days of this meeting.

G.2 OJP 2852.242-91 Contract Communications/Correspondence (MAR 2001)

The Contractor shall identify all correspondence, reports, and other data pertinent to this order by imprinting thereon TBD.

G.3 OJP 2852.242-76 Contracting Officer (FEB 2012)

(a) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds.

No person other than the Contracting Officer or the Contracting Officer's duly authorized representative can make any changes to the terms, conditions, general provisions, or other stipulations of this contract. Furthermore, such changes may be made only to the extent that they are within the scope of the contract and are within the written scope of the authority delegated to the individual initiating or approving the change.

(b) The Contracting Officer may designate one or more representatives for the purpose of discharging prescribed duties and authorities in the name of the Contracting Officer during the performance of work. The authorities and duties of the representative(s) are delineated in the clause titled "Contracting Officer's Representative (COR).

(c) The Contractor will not accept any instructions issued by any person other than the Contracting Officer, or the Contracting Officer's representative(s) acting within the limits of his authority. No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the U.S.

Government, or otherwise, will be considered grounds for deviation from any stipulation of this contract or referenced scope/statement of work.

(d) The CO assigned cognizance of this order is:

Katona Bryan

U.S. DEPARTMENT OF JUSTICE

Office of Justice Programs 810 7th St, N.W. Rm. 3628 Washington, D.C. 20531 Telephone No.: __________

G-2

G.4 OJP 2852.242-77 Contracting Officer’s Representative (COR) (FEB 2012)

(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 order;

(2) Shall not change the expressed terms, conditions, or specifications incorporated into this order; and

(3) Shall not constitute a basis for extension to the order delivery schedule or order 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 order; 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) The COR does not have the authority to alter the Contractor's obligations under the order; 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 order is: TBD

U.S. DEPARTMENT OF JUSTICE

Office of Justice Programs Washington, D.C. 20531 Telephone No.: __________

(e) A copy of all written communications shall be concurrently mailed or otherwise furnished to the Contracting Officer.

G.5 OJP 2852.242-78 Contract Administration (MAR 2001)

(a) This contract will be administered by James Canady III.

(b) All written communications shall make reference to the contract and shall be mailed to the Contracting Officer at the following address:

Department of Justice/Office of Justice Programs Office of Administration/Acquisition Management Division 810 7th Street, NW, Room 3618 Washington, D.C. 20531 James.Canady@usdoj.gov

G.6 OJP 2852.242-79 Modification Authority (MAR 2001)

This contract and all task orders may be reevaluated at any time, at the request of either party, to determine whether modifications are necessary. Any modifications must be approved by the Contracting Officer; and the Contractor shall not accept any modifications of the terms, conditions, or order clauses issued by any person other than the Contracting Officer.

G.7 OJP 2852.242-80 Withholding of Payments (MAR 2001)

Notwithstanding any other payment provisions of this order, failure of the Contractor to submit required reports when due, or failure to perform or deliver required work, supplies, or services, will result in the withholding of payment under this order unless such failure arises out of causes mailto:James.Canady@usdoj.gov

G-3 beyond the control, and without the fault or negligence of the Contractor as defined by the clauses entitled "Excusable Delays," "Default," or "Termination for Default or for Convenience of the Government" as applicable. The Government shall promptly notify the Contractor of its intention to withhold payment of any invoice or voucher submitted.

G.8 Task Order (TO) Procedures

The Contractor’s services shall be obtained on an as-needed basis (i.e., through the issuance of task orders). The Contractor shall perform the required effort for these services within the United States throughout the term of this contract. An individual TO may relate to a single Functional Category or involve services from multiple Functional Categories under the base IDIQ contract for both FC2 and FC3. Issued TOs will identify the services required, provide specific technical details (including the schedule for all deliverables and the identification of any applicable Government-Furnished Property (GFP), Government-Furnished Information (GFI), and/or Government furnished workspace), and activate performance. To add labor categories beyond the Government Labor Categories, a request for contract modification must be submitted to the Contracting Officer. This request must include information demonstrating the insufficiency of the Government’s Labor Category, a description of the proposed labor category including the education and experience levels, proposed labor rates and a cross reference to other contracts that include the proposed labor category.

G.8.1 Unauthorized Work

The Contractor is not authorized at any time to commence TO performance prior to issuance of a signed TO or other written approval provided by the Contracting Officer.

G.8.2 Task Order Funding Restrictions

No unfunded TOs are allowed.

G.9 OJP 2852.232-72 Invoices/Payments (APR 2012)

(a) The Contractor is authorized to submit monthly invoices for partial reimbursement payments for services furnished. Invoices or public vouchers shall be identified by contract number and shall be submitted with one (1) original to the Accounting Division at the address located at: Accounting Division, 5th Floor, Department of Justice, Office of Justice Programs, 810 Seventh Street, NW, Washington, D.C., 20531 and one (1) copy to the COR at the address shown in the clause entitled "Contracting Officer's Representative (COR)" in Section G.

(b) To assist the Government in making timely payments, the Contractor is requested to furnish the following additional information either on the invoice or on an attachment to the invoice:

(1) The date delivery occurred or the period over which services were provided;

(2) The Contractor's Taxpayer Identification number (usually its Social Security Number if the Contractor is an individual or its Employer Identification Number if the contractor is a company);

(3) An itemized breakdown of costs incurred, including a listing of direct labor hours worked and labor rates, consultants or subcontractors utilized, and other direct costs; and

(4) The contractor must indicate its business size on each invoice to assist the payment office in determining eligibility for accelerated payment in accordance with OMB Memorandum M-11-32, ‘Accelerating Payments to Small Businesses for Goods and Services,’ dated Sep 14, 2011.

G.10 OJP 2852.204-72 Facility Access (MAR 2001)

During the life of this contract, the rights of ingress to and egress from the Department of Justice facility for the Contractor's representatives shall be made available as required. During all operations on Government premises, the Contractor's personnel shall comply with the rules and regulations governing the conduct of personnel and the operation of the facility. The Government reserves the right to require Contractor personnel to "sign-in" upon entry and "sign-out" upon departure from the Department of Justice Facility.

G-4

G.11 OJP 2852.242-81 Key Personnel-Labor Categories/Hours (MAR 2001)

(a) The key personnel to be assigned to perform hereunder for their respective assignments are as follows:

Labor Category Names of Key Personnel

Contract – Level Program Manager

(b) The level of effort specified for each individual listed above may not be decreased without the prior written approval of the Contracting Officer.

(c) The personnel specified in this clause of this contract are considered to be essential to the work the Contractor agrees to perform hereunder. Prior to diverting any of the specified individuals to other programs, or replacing any of them for any reason, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification, including proposed substitutions or replacements, in sufficient detail to permit the Contracting Officer to evaluate the impact on the work the Contractor is obligated to perform hereunder. The Contractor shall not replace any of the key personnel hereinafter named to work on this order without the written consent of the Contracting Officer. The list of key personnel set forth above may be amended from time to time during the course of the order to add or delete personnel, as appropriate.

G.12 OJP 2852.242-87 Method of Payment (MAR 2001)

(a) Payments under this contract will be made by the Government by Electronic Funds Transfer (EFT) through the Automated Clearing House (ACH), unless it is determined that other payment methods are more advantageous. If the Contractor declines use of EFT, the Contractor must submit to the Contracting Officer a written statement citing the reasons for such. The Government reserves the right to mandate payment by EFT, if the reasons provided are not acceptable to the Government.

(b) The Office of Justice Programs shall make payment via information provided through the Electronic Funds Transfer payment information derived from the Central Contractor's Registration (CCR) data. Questions regarding the payment information required by the CCR are located at the SAM website: http://www.www.sam.gov.

(c) It is the Contractor's sole responsibility to assure that data in the CCR is current, accurate and complete. Failure to provide accurate financial information may result in late payments.

(d) Payments will not be sent to alternate financial institutions. Any changes in financial institutions must be made through

CCR.

(e) The documents furnishing the information required in this clause must be dated and contain the signature, title, and telephone number of the Contractor Official authorized to provide it, as well as the Contractor's name and contract number.

(f) Contractor failure to properly designate a financial institution, in the CCR, or to provide appropriate payee bank account may delay payments of amounts otherwise properly due.

G.13 OJP 2852.232-70 Debt Collection (APR 2001)

In accordance with the requirements of the Debt Collection Act of 1996, Public Law 104-134, it is the intent of the Department of Justice to use your Taxpayer Identification Number for purposes of collection and reporting on any delinquent amounts arising out of your relationship with the Government.

SECTION H

H-1

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 OJP 2852.216-75 Ordering Activity (MAR 2001)

Supplies or services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders issued by the Department of Justice, Office of Justice Programs, Acquisition Management Division, 810 Seventh Street, N.W., Washington, DC 20531.

H.2 OJP 2852.222-70 Wage Rate Determination (APR 2012)

This contract is subject to the Service Contract Act pursuant to the clause FAR 52.222-41 entitled "Service Contract Act of 1965, As Amended" in Section I. As a result, the class of employees who are performing under the contract and who are subject to the Service Contract Act shall be paid in accordance with the wage rate determination that is appropriate for the place of performance. The following wage rate determinations are incorporated herein under Section J: WD 2005-2103 Rev. 12, 6/13/2012

H.3 OJP 2852.222-71 Nondisplacement of Qualified Workers (JAN 2009)

(a) Consistent with the efficient performance of this contract, the contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those employees (other than managerial and supervisory employees) employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal of employment under this contract in positions for which employees are qualified. The contractor and its subcontractors shall determine the number of employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor contractor employed in connection with performance of the work. Except as provided in paragraph (b) there shall be no employment opening under this contract, and the contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation. The contractor and its subcontractors shall make an express offer of employment to each employee as provided herein and shall state the time within which the employee must accept such offer, but in no case shall the period within which the employee must accept the offer of employment be less than 10 days.

(b) Notwithstanding the obligation under paragraph (a) above, the contractor and any subcontractors (1) may employ under this contract any employee who has worked for the contractor or subcontractor for at least 3 months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (2) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act of 1965, as amended, 41 U.S.C. 357(b), and (3) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor whom the contractor or any of its subcontractors reasonably believes, based on the particular employee's past performance, has failed to perform suitably on the job.

(c) In accordance with Federal Acquisition Regulation 52.222-41(n), the contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor contractors or their subcontractors. The Contracting Officer will provide the list to the successor contractor, and the list shall be provided on request to employees or their representatives.

(d) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the contractor or its subcontractors, as provided in Executive Order (No.) 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law.

(e) In every subcontract entered into in order to perform services under this contract, the contractor will include provisions that ensure that each subcontractor will honor the requirements of paragraphs (a) through (b) with respect to the employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor contractor and its subcontractors. The subcontract shall also include provisions to ensure that the subcontractor will provide the contractor with the information about the employees of the subcontractor needed by the contractor to comply with paragraph (c), above. The contractor will take such action with respect to any such subcontract as may be directed by the Secretary as a means of enforcing such provisions, including the imposition of sanctions for non-compliance; provided, however, that if the contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the contractor may request that the United States enter into such litigation to protect the interests of the United States.

H.4 OJP 2852.228-70 Insurance (MAR 2001)

(a) The Contractor shall carry and maintain during the entire period of performance under this order adequate insurance as follows:

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(1) Workman's Compensation and Employee's Liability Insurance: minimum $100,000 per incident;

(2) Automobile General Liability Insurance: minimum of $200,000 per person, $500,000 per accident, and $20,000 property damage; and

(3) Comprehensive General Liability Insurance: minimum of $500,000 for bodily injury per occurrence.

(b) Prior to commencement of work hereunder, evidence of the required insurance shall be furnished in a form satisfactory to the Contracting Officer. In addition, the Contractor shall furnish evidence of a commitment by the insurance carrier to notify the Contracting Officer in writing of any material change, expiration, or cancellation of any of the insurance policies required hereunder not less than thirty (30) days before such change, expiration, or cancellation is effective.

H.5 OJP 2852.245-70 Property/Equipment Acquisition and Reports (MAR 2001)

Prior to the acquisition of any property, equipment or furniture (excluding expendable supplies), the Contractor shall submit a written request to the Contracting Officer for such property, equipment or furniture setting forth the complete nomenclature including brand name, model number, estimated price/cost, quantity, etc. The Contracting Officer will review the request for proper authorization and shall approve or disapprove the request as appropriate. The Contracting Officer may, at his discretion, forward the request to the OJP Property Office for comments or recommendations. The decision of the Contracting Officer on the acquisition of new property, equipment or furniture shall be final. In the event the Contracting Officer approves any request for the acquisition of property, equipment or furniture, the contractor shall take all necessary precautions to safeguard and protect the material in question. The requirements of "Government Property" clause apply as appropriate to all property, equipment or furniture acquired for use under this order. An itemized report of all Government furnished property/equipment and/or contractor acquired property/equipment using order funds shall be provided to the Contracting Officer sixty (60) days prior to the completion date of this order. Upon submission of the final invoice and completion of the order effort, a final property/equipment report shall be provided the Contracting Officer for proper disposition prior to order close out.

H.6 OJP 2852.204-73 Indemnification (MAR 2001)

(a) Responsibility for Government Property

(1) The Contractor assumes full responsibility for and shall indemnify the Government against any and all losses or damage or 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 order, resulting in whole or in part from the negligent acts or omissions of the Contractor, and subcontractor, or any employee, agent or representative of the Contractor or subcontractor.

(2) If due to the fault, negligent acts (whether by 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 order the Contractor shall be responsible to the Government for such loss or damage, and the Government, at its option, may require the Contractor to make repairs or, if the property is lost or damaged beyond economical repair, to reimburse the Government in an amount determined by the Contracting Officer.

(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 order, resulting in whole or in part from the negligent acts or omissions to 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 provided 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.

H.7 OJP 2852.224-70 Disclosure of Data Under the Freedom of Information Act (FOIA) (MAR 2001)

(a) If a request for information contained in a Proposal is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a Proposal that results in an order to the extent provided under the FOIA, notwithstanding any

H-3 restrictive legends that may have been placed upon it in accordance with the provision entitled "Use and Disclosure of Proposal Information."

The Government will, before disclosure, make an administrative determination on a case-by-case basis as to whether the information requested is exempt from disclosure by one of the established exceptions to the Act. In making this determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in part, affords the submitter of a Proposal an opportunity to object to disclosure.

(b) Within 30 days of contract award, the Contractor shall submit an electronic copy of its expurgated technical and cost proposals, which will be used in response to requests under the Freedom of Information Act.

H.8 OJP 2852.209-72 Organizational Conflict of Interest (MAR 2012)

(a) The policy of the OJP is to avoid contracting with Contractors who have unacceptable organizational conflicts of interest (OCI) under FAR Subpart 9.5. An OCI means that because of existing or planned activities, a Contractor is unable or potentially unable to render impartial assistance to the agency, or has an unfair competitive advantage, or the Contractor's objectivity is, or might be, impaired.

The following examples illustrate situations in which an OCI may arise. They are not all inclusive, but are intended to help the CO apply general guidance to individual contract situations:

(1) Unequal access to information. Access to "nonpublic information" as part of the performance of an OJP contract could provide the Contractor a competitive advantage in a later competition for another OJP contract. Such an advantage could easily be perceived as unfair by a competing vendor who is not given similar access to the relevant information.

(2) Biased ground rules. A Contractor in the course of performance of an OJP contract has in some fashion established important "ground rules" for another OJP contract, where the same Contractor may be a competitor. For example, a Contractor may have developed the requirements or drafted the Statement of Work, specifications, or evaluation criteria of a future OJP procurement.

The primary concern of the OJP in this case is that a Contractor so situated could slant key aspects of a procurement in its own favor, to the unfair disadvantage of competing vendors.

(3) Impaired objectivity. A Contractor in the course of performance of an OJP contract is placed in a situation of providing assessment and evaluation findings over itself, or another business division, or subsidiary of the same corporation, or other entity with which it has a significant financial relationship. The concern in this case is that the Contractor's ability to render impartial advice to the OJP could appear to be undermined by the Contractor's financial or other business relationship to the entity whose work product is being assessed or evaluated.

It is not the intention of the OJP to foreclose a vendor from a competitive acquisition due to a perceived OCI. The OJP Contracting Officer (CO) is fully empowered to evaluate each potential OCI scenario based upon the applicable facts and circumstances. The final determination of such action may be negotiated between the impaired vendor and the CO.