DOL111RP21354.DOC

Table of Contents

SECTION A

A-1

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

A-1

SECTION B - CONTINUATION BLOCK

B-1

B.1 PRICE/COST SCHEDULE

B-8

B.2 DELIVERY SCHEDULE

B-8

SECTION C - CONTRACT CLAUSES

C-1 C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2011) C-1

C.2 52.216-18 ORDERING (OCT 1995)

C-6

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C-6

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C-7

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C-7

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C-7 C.7 DOLAR 2952.201-70 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) (MAY 2004) C-8

C.8 REQUIRED INSURANCE

C-8

C.9 DISCLOSURE OF CONFIDENTIAL INFORMATION

C-9

C.10 CONTRACTOR EMPLOYEE SUITABILITY AND SECURITY REQUIREMENTS

C-9

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D-1

SECTION E - SOLICITATION PROVISIONS

E-1

E.1 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

E-1 E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (JAN 2011) E-1

E.3 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

E-13

E.4 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (OCT 1999)

E-13

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E-14

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E-14

SECTION B - CONTINUATION BLOCK

STATEMENT OF WORK

FOR

DIRECTORATE OF STANDARDS AND GUIDANCE (DSG)

EXPERT CONSULTATION AND TECHNICAL SUPPORT SERVICES

1.0

INTRODUCTION

The Directorate of Standards and Guidance (DSG) is the organization within the Occupational Safety and Health Administration (OSHA) responsible for all work involved in developing proposed and final standards and guidance material for the protection of employees’ safety and health. Standards involve regulation of toxic chemicals, harmful physical and biological agents, and safety hazards such as electricity, unguarded machines, flammable agents and areas of chemical, fire protection and safety systems engineering. Guidance materials may be developed on a wide range of safety and health hazards, and may be presented in many different forms, including documents, online materials, and audiovisual materials.

2.0 SCOPE

The Contractor shall assist OSHA in carrying out its statutory responsibilities in the area of standards and guidance material development.

3.0 PERIOD OF PERFORMANCE:

The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The Period of Performance reads as follows:

Base Year

Option Year I

Option Year II

Option Year III

Option Year IV 4.0

DESCRIBTION OF TASKS

4.1 Task 1. The Contractor shall perform and support DSG in technical analyses, such as: risk assessments; technological and economic feasibility analyses; industry and exposure profiles, and other analytical undertakings related to the development of standards and guidance documents. To include but not limited to:

A.

Reporting and summarizing results on such analyses.

B.

Providing technical expert recommendations on results of such analyses.

C.

Coordinating efforts to pursue more analyses, as needed.

4.1.1 Deliverables. Deliverables will be identified at the task order level.

4.2 Task 2. The Contractor shall assist and coordinate data and fact finding efforts in support of rulemaking and guidance development activities. To include but not limited to:

A.

Docket Analyses

B.

Literature Search and Summaries

C.

Technical expert recommendations on collected data.

4.2.1 Deliverables. Deliverables will be identified at the task order level.

4.3 Task 3. The Contractor shall perform and support DSG in data management practices, adhering to current data management practices, while coordinating efforts to use current technology to make improvements.

4.3.1 Deliverables. Deliverables will be identified at the task order level.

4.4 Task 4. The Contractor shall coordinate and assist in outreach efforts. To include but not limited to:

A.

Organizing peer reviews, stakeholder meetings, focus groups and workshops.

B.

Providing logistical support for Standards Advisory Committees.

C.

Providing skilled mediation for negotiated rulemaking.

D.

Arranging for summaries, reports, or papers on the meetings.

E.

Exploring, providing recommendations and implementing uses for social media in rulemaking and guidance development.

F.

Providing expert testimony for rulemaking hearing.

4.4.1 Deliverables. Deliverables will be identified at the task order level.

4.5 Task 5. The Contractor shall develop training materials for OSHA staff on standards and guidance issues, provide meeting facilitation services, and general management consulting services.

4.5.1 Deliverables. Deliverables will be identified at the task order level.

4.6 Task 6. The Contractor shall assist in the review of current and existing regulations for possible revisions. Track consensus standards and participating in consensus standards committees. Review injury and illness reports and statistics.

4.6.1 Deliverables. Deliverables will be identified at the task order level.

4.7 Task 7. The contractor shall collect information to help determine standards and guidance priorities and identify emerging safety and health hazards. To include but not limited to:

A.

Providing expert recommendations on priorities and emerging hazards based on findings.

B.

Assisting in developing and publishing regulatory schedules.

C.

Tracking progress on standards and guidance activities

4.7.1 Deliverables. Deliverables will be identified at the task order level.

4.8 Task 8. The Contractor shall assist in developing guidelines, research needs, strategies, outreach, and other materials that advance the quality of safety and health standards and guidance products and support other critical non-regulatory requests.

4.8.1 Deliverables. Deliverables will be identified at the task order level.

4.9 Task 9. The Contractor shall provide desktop publishing and graphical support in designing and producing guidance material.

4.9.1 Deliverables. Deliverables will be identified at the task order level.

4.10 Task 10. The Contractor shall provide other technical and administrative support to the directorate as related to the development and publication of safety and health standards and guidance material.

4.10.1 Deliverables. Deliverables will be identified at the task order level.

5.0

TYPE OF CONTRACT

The government will award a Firm Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) contract in which Fixed Price or Labor Hour task orders may be awarded against.

6.0

KEY PERSONNEL

The contractor shall be required to provide the necessary personnel to complete the work described in Section 4 of this Statement of Work. Where expertise is desired for a labor category, this must be demonstrated in the resume by education, experience, or published writing of the person proposed for that category.

The duties and minimum qualifications of the persons performing in the labor categories are identified below.

a. Project Director. (This labor category is considered to be exempt from coverage under the Service Contract Act)

(1) Duties:

(a) Liaison between Contractor personnel and the Contracting Officer’s Technical Representative (COTR);

(b) Overall responsibility for administrative matters and for ensuring that proper methodologies and procedures are followed in accordance with Task Order requirements; and

(c) Responsibility for coordinating and directing personnel with diverse technical skills and backgrounds to ensure delivery of a high quality product on time and within budget limitations.

(2) Minimum Qualifications:

(a) Being a senior member of the Contractor's organization with extensive training and experience in producing analyses and considerable previous experience in managing multi-disciplinary efforts; and

(b) A total of six years of work experience in the performance of the type of work required under this SOW and an advanced degree in industrial hygiene, engineering, health science, statistics, economics, business administration or public administration. (Experience in these seven activities, beyond the required six years, may be considered to be equivalent to education beyond a bachelor's degree, based upon the type of experience. Two years of such experience would be equivalent to a master's degree, and three years of such experience would be equivalent to a Ph.D. Similarly, relevant education, in addition to the required advanced degree, may be considered equivalent to experience, as follows: A master's degree would be considered equivalent to two years of experience in the type of work required under this SOW and a Ph.D. would be considered equivalent to three years of such experience.)

b. Senior Analyst. (This labor category is considered to be exempt from coverage under the Service Contract Act.) The offeror can provide equivalent occupational subcategory(s) of the person(s) that will be available for this labor category, but is limited to the twelve subcategories identified in part 2(a) of this section.

(1) Duties:

(a) Perform work of a technically complex nature;

(b) Direct and review work of Analyst and Junior Analysts, and;

(c) In some cases, management of day-to-day professional activity on a specific study.

(2) Minimum Qualifications:

(a) A total of six years of work experience (including some supervisory experience) in the performance of the type of work required under this SOW. In the performance of these activities, he/she shall have worked as a:

1. Senior Health Scientist

2. Senior Industrial Hygienist

3. Senior Safety Professional

4. Senior Toxicologist

5. Senior Epidemiologist,

6. Senior Engineer,

7. Senior Chemist

8. Senior Policy Analyst,

9. Senior Statistician,

10. Senior Biological/Epidemiology Statistician,

11. Senior Economist, and/or as a

12. Senior Technical Writer.

(b) Experience in the tasks identified in Section 4.0, beyond the required six years, may be considered to be equivalent to education beyond a bachelor's degree, based upon the type of experience. Two years of such experience would be equivalent to a master's degree, and three years of such experience would be equivalent to a Ph.D. Similarly, relevant education, in addition to the required advanced degree, may be considered equivalent to experience, as follows: A master's degree would be considered equivalent to two years of experience in the type of work required under this SOW, and a Ph.D. would be considered equivalent to three years of such experience.

c. Analyst. (This labor category is considered to be exempt from coverage under the Service Contract Act.) The offeror can provide equivalent occupational subcategory(s) of the person(s) that will be available for this labor category, but is limited to the twelve subcategories identified in part 2(a) of this section.

(1) Duties:

(a) Perform technical work of a moderately complex nature under the direction of a Senior Analyst.

(b) May direct the performance of one or more elements of a study which are related to his/her education and experience.

(2) Minimum Qualifications:

(a) A total of three years of experience in the performance of the type of work required under this SOW. In the performance of these activities, he/she shall have worked as a:

1. Health Scientist

2. Industrial Hygienist

3. Safety Professional

4. Toxicologist

5. Epidemiologist,

6. Engineer,

7. Chemist

8. Policy Analyst,

9. Statistician,

10. Biological/Epidemiology Statistician,

11. Economist, and/or as a

12. Technical Writer

(b) A relevant advanced degree may be considered equivalent to two years of experience in the type of work required under this SOW,.

d. Junior Analyst. (This labor category is considered to be exempt from coverage under the Service Contract)

(1) Duties:

Performs information collection, analysis and interpretation under the direction of an Analyst or a Senior Analyst.

(2) Minimum Qualification:

(a) Capable of performing work requiring certain technical skills, but does not have in-depth experience in their application.

(b) At least a bachelor's degree in an accredited college or university degree program in scientific, social science, economic, or related technical studies.

(c) Demonstrated capabilities in research or technical writing skills.

e. Clerical

(1) Duties

The duties to be performed for this labor category include typing and using word processing software to produce a variety of documents.

(2) Minimum Qualifications

A high school degree and one year of experience in the performance of word processing.

7.0 CONTRACTING OFFICER TECHNICAL REPRESENTATIVE (COTR)

The (COTR) will be identified by separate letter. The COTR monitors all technical aspects of the contract and assists in contract administration The COTR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COTR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COTR, especially with regard to changes in cost or price. The COTR is not authorized to change any of the terms and conditions of the resulting contract.

8.0

SPECIFICATIONS FOR PROGRESS REPORTS

a. The contractor shall furnish typed electronic, using Microsoft applications, and hard copies of progress reports to the COTR and the Contracting Officer on the work the contractor performed during the previous calendar month. Each report shall be applicable to a single Task Order and shall contain an administrative and a financial management section.

b. The administrative section of the each progress report shall include, at a minimum, the following information:

(1) The Task Order number;

(2) The contract number;

(3) The reporting period;

(4) A concise description of the work performed under the Task Order during the reporting period, in terms of work scheduled and deadlines established for the task;

(5) A concise description of the work that will be performed under the Task Order during the next reporting period; and

(6) A concise description of any technical or administrative problems or issues that have arisen during the past reporting period under the Task Order, or problems or issues that are expected to arise during the next reporting period.

c. The financial management section of each report shall include, at a minimum, the following information:

(1) The total charge for the reporting period and the cumulative total charge;

(2) The charge in dollars, by labor category, during the reporting period and cumulatively

(3) The person-hours expended, by labor category, during the reporting period and cumulatively;

(4) The charge, in dollars, of each of the reimbursable costs identified in the contract cost schedule, during the reporting period and cumulatively; and

(5) The balance of funds in the Task Order at the end of the reporting period.

9.0 TRAVEL

The Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization and notification to the COTR. A NTE amount line item of $30,000.00 will be included in the contract for the base and all option years to cover contractor travel and other direct cost expenses.

TECHNICAL EXHIBIT 1

ESTIMATED WORKLOAD DATA

Below are the descriptions and estimated annual labor hours for the requirements of this SOW based on historical data. These hours do not project actual requirements for the new contract, nor does it reflect hours required of subcontractors. The contractor is responsible for proposing the appropriate hours and labor mix to perform the requirements of this SOW. This data is provided for informational purposes only.

B.1 PRICE/COST SCHEDULE

ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT

NO. SUPPLIES/SERVICES PRICE

0001 1.00 YR ____________________ _____________________

Labor - Base Year

0002 1.00 JA __________ $30,000.00

ODC'S/Travel - Base Year

1001 1.00 YR ____________________ _____________________

Labor - Option Year 1

1002 1.00 JA __________ $30,000.00

ODC'S/Travel - Option Year 1

2001 1.00 YR ____________________ _____________________

Labor - Option Year 2

2002 1.00 JA __________ $30,000.00

ODC'S/Travel - Option Year 2

3001 1.00 YR ____________________ _____________________

Labor - Option Year 3

3002 1.00 JA __________ $30,000.00

ODC'S/Travel - Option Year 3

4001 1.00 YR ____________________ _____________________

Labor - Option Year 4

4002 1.00 JA __________ $30,000.00

ODC'S/Travel - Option Year 4

GRAND TOTAL ---

B.2 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DATE OF DELIVERY

0001 1.00

SHIP TO : OSHA, Directorate of Stnds & Guid

US Department of Labor

200 Constitution Ave., NW N3718

Washington, DC 20210

MARK FOR: Nishelle Spencer

0002 1.00

SHIP TO : OSHA, Directorate of Stnds & Guid

US Department of Labor

200 Constitution Ave., NW N3718

Washington, DC 20210

MARK FOR: Nishelle Spencer

1001 1.00

SHIP TO : OSHA, Directorate of Stnds & Guid

US Department of Labor

200 Constitution Ave., NW N3718

Washington, DC 20210

MARK FOR: Nishelle Spencer

1002 1.00

SHIP TO : OSHA, Directorate of Stnds & Guid

US Department of Labor

200 Constitution Ave., NW N3718

Washington, DC 20210

MARK FOR: Nishelle Spencer

2001 1.00

SHIP TO : OSHA, Directorate of Stnds & Guid

US Department of Labor

200 Constitution Ave., NW N3718

Washington, DC 20210

MARK FOR: Nishelle Spencer

2002 1.00

SHIP TO : OSHA, Directorate of Stnds & Guid

US Department of Labor

200 Constitution Ave., NW N3718

Washington, DC 20210

MARK FOR: Nishelle Spencer

3001 1.00

SHIP TO : OSHA, Directorate of Stnds & Guid

US Department of Labor

200 Constitution Ave., NW N3718

Washington, DC 20210

MARK FOR: Nishelle Spencer

3002 1.00

SHIP TO : OSHA, Directorate of Stnds & Guid

US Department of Labor

200 Constitution Ave., NW N3718

Washington, DC 20210

MARK FOR: Nishelle Spencer

4001 1.00

SHIP TO : OSHA, Directorate of Stnds & Guid

US Department of Labor

200 Constitution Ave., NW N3718

Washington, DC 20210

MARK FOR: Nishelle Spencer

4002 1.00

SHIP TO : OSHA, Directorate of Stnds & Guid

US Department of Labor

200 Constitution Ave., NW N3718

Washington, DC 20210

MARK FOR: Nishelle Spencer

SECTION C - CONTRACT CLAUSES

52.202-1

DEFINITIONS

JUL 2004

52.204-2

SECURITY REQUIREMENTS

AUG 1996

52.204-7

CENTRAL CONTRACTOR REGISTRATION

APR 2008

52.204-9

PERSONAL IDENTITY VERIFICATION OF

SEP 2007

CONTRACTOR PERSONNEL

52.212-4

CONTRACT TERMS AND CONDITIONS--

JUN 2010

COMMERCIAL ITEMS

52.219-9

SMALL BUSINESS SUBCONTRACTING PLAN

JAN 2011

52.224-1

PRIVACY ACT NOTIFICATION

APR 1984

52.224-2

PRIVACY ACT

52.227-1

AUTHORIZATION AND CONSENT

DEC 2007

52.227-2

NOTICE AND ASSISTANCE REGARDING PATENT

AND COPYRIGHT INFRINGEMENT

52.227-17

RIGHTS IN DATA--SPECIAL WORKS

52.227-18

RIGHTS IN DATA--EXISTING WORKS

52.227-23

RIGHTS TO PROPOSAL DATA (TECHNICAL)

JUN 1987

52.229-3

FEDERAL, STATE, AND LOCAL TAXES

APR 2003

52.232-18

AVAILABILITY OF FUNDS

52.232-19

AVAILABILITY OF FUNDS FOR THE NEXT

FISCAL YEAR

52.237-3

CONTINUITY OF SERVICES

JAN 1991

52.242-15

STOP-WORK ORDER

AUG 1989

52.252-2

CLAUSES INCORPORATED BY REFERENCE

FEB 1998

C.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2011)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

[] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5).

[X] (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

[] (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (JAN 2011) (15 U.S.C. 657a).

[X] (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (9) [Reserved]

[] (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-6.

[] (iii) Alternate II (Mar 2004) of 52.219-6.

[] (11)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[] (ii) Alternate I (Oct 1995) of 52.219-7.

[] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (12) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)).

[] (13)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (Oct 2001) of 52.219-9.

[X] (iii) Alternate II (Oct 2001) of 52.219-9.

[] (iv) Alternate III (JUL 2010) of 52.219-9.

[] (14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

[] (15) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.)

[] (ii) Alternate I (June 2003) of 52.219-23.

[X] (17) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (18) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[] (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

[X] (20) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C 632(a)(2)).

[X] (21) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (22) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126).

[X] (23) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[X] (24) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[X] (25) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[X] (26) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

[X] (27) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

[] (28) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (29) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (30)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[] (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (32)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

[] (ii) Alternate I (DEC 2007) of 52.223-16.

[X] (33) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010) (E.O. 13513).

[] (34) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[] (35)(i) 52.225-3, Buy American Act--Free Trade Agreements-- Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53 and 109-169, 109-283, and 110-138).

[] (ii) Alternate I (Jan 2004) of 52.225-3.

[] (iii) Alternate II (Jan 2004) of 52.225-3.

[X] (36) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (37) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (38) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (39) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (40) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[] (41) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[] (42) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

[] (43) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

[] (44) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

[] (45) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (46)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[] (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[X] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

Employee Class Monetary Wage-Fringe Benefits

[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

[] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

[] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247)

[] (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employee Eligibility Verification (JAN 2009)

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

***** End Clause *****

C.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through 60 months, inclusive of 4 option years.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

***** End Clause *****

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $5.0M;

(2) Any order for a combination of items in excess of $6.0M; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

***** End Clause *****

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after .

***** End Clause *****

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.

***** End Clause *****

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

***** End Clause *****

C.7 DOLAR 2952.201-70 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) (MAY 2004)

(a) Mr./Ms. _____________ of the Occupational Health and Safety Administration is hereby designated to act as contracting officer's technical representative (COTR) under this contract.

(b) The COTR is responsible, as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COTR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes.

***** End Clause *****

C.8 REQUIRED INSURANCE

The Contractor shall procure and maintain, during the entire period of performance under this contract, the following minimum insurance:

Worker's Compensation and Employer's Liability.

1. Statutory: Amounts in coverage as required by the State compensation laws, including provisions for voluntary benefits as required in labor union agreements, and including provisions for extending policy in accordance with laws other jurisdictions.

2. Employer's Liability: At least $100,000 each accident.

Builder's Risk

The Contractor shall provide Contractor's Builder's Risk and Fire and Extended Coverage Insurance to protect the Government and the Contractor and subcontractors against loss caused by the perils insured against the amount of 100% of the value of the construction project, including items of labor and materials in place or to be used as part of the permanent structure, including surplus materials, temporary structure, and miscellaneous materials nd supplies incidental to the work. Such insurance may be maintained in full force and effect until the project is accepted. Policies shall be written to include the United States Government and the Contractor. Write in the words "as their interest may appear". Remove "XCU" exclusions relating to damage caused by simple explosion, collapse, shoring, grading, and underground utilities.

Comprehensive General Liability (or Blanket Liability)

Contractual liability, including completed operations liability, will be kept in force for at least one year after work has been completed. Coverage will be provided to include the Federal Government and its Operating Contractor. Limits will be:

1. Bodily injury liability - at last $250,000 each person; $500,000 each occurrence.

2. Property damage liability - at least $250,000 each accident; $250,000 aggregate.

3. Broad form property damage basis - remove "XCU" exclusions relating to damage to property caused by explosions, collapse, shoring, grading, and underground utilities.

Comprehensive Automotive Liability Insurance

This will include coverage for owned, non-owned, and hired vehicles. Bodily injury liability: At least $250,000 each person; $500,000 each occurrence.

Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. Companies should be acceptable to the Government. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or material change in the policies diversely affecting the interest of the Government shall not be effective until thirty (30) days after written notice thereof to the Contracting Officer.

The Contractor agrees to insert the substance of this clause, including this last paragraph, in all subcontracts hereunder.

The Certificate of Insurance cancellation section shall read:

"Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the below named certificate holder or to the certificate holder named to the left."

***** End Clause *****

C.9 DISCLOSURE OF CONFIDENTIAL INFORMATION

The Contractor agrees to maintain the confidentiality of any information regarding applicants, project participants or their immediate families which may be obtained through application forms, interviews, test reports from public agencies or counselors, or any other source. Without the permission of the applicant or participant, such information shall be divulged only as necessary for purposes related to the performance or evaluation of the contract and to persons having responsibilities under the contract, including those furnishing services to the projects under subcontracts.

***** End Clause *****

C.10 CONTRACTOR EMPLOYEE SUITABILITY AND SECURITY REQUIREMENTS

1. Background Investigations

a. Background Investigation Requirements. The investigation requirements for contractor employees are based on the risk or sensitivity level designation of the position. The Contracting Officer, Contracting Officer's Technical Representative, or other DOL Agency's designated official informs the Contractor of the risk or sensitivity level for each contractor employee position. The minimum level of investigation for each risk or sensitivity level is indicated below.

Position Risk/Sensitivity Level:

Minimum Investigation Requirement:

Low Risk/Non-sensitive National Agency Check & Inquiries (NACI)

Moderate Risk Minimum Background Investigation (MBI)

High Risk Background Investigation (BI)

Noncritical-Sensitive Minimum Background Investigation (MBI)*

Critical-Sensitive Single Scope Background Investigation (SSBI)*

* Individuals occupying Critical-Sensitive positions (i.e., require Top Secret security clearances) are subject to reinvestigation every 5 years. Individuals occupying Noncritical-Sensitive positions are subject to reinvestigation every 10 years for Secret security clearances and every 15 years for Confidential security clearances.

b. Conducting Background Investigations. All contract employees require a background investigation. The Office of Personnel Management (OPM) will conduct background investigations for DOL employees and contractor employees. Since OPM only accepts requests from Federal agencies to conduct background investigations, the DOL Agency will make arrangements with the Contractor to send the contractor employee's completed papers to the DOL Agency for submission to OPM.

c. Payment for Background Investigation. If the DOL Agency bears the cost for background investigations on contractor employees, the designated DOL Agency official will forward the required documents to OPM. If the Contractor bears the cost of the investigations,

2. The Investigation Process

The Contractor shall submit written procedures to the designated DOL Agency official describing the method by which the following investigation requirements will be satisfied.

a. Pre-employment Checks. Before a contractor employee can begin work for DOL, he or she must provide the Contractor with a properly completed OF-306, Declaration for Federal Employment, on which the employee has completed items 1 through 7c, questions 9 through 13, and item 16 as necessary, and has signed item 17. This form can also be found at the following website: http://www.opm.gov/forms.) If the Contractor has not received a completed OF-306 from the contractor employee within 5 days after requesting the form, the Contractor shall notify the COTR .

If the person answers "Yes" to one or more of questions 9 through 13, the Contractor shall notify the COTR immediately. The designated DOL Agency official will inform the Contractor whether or not the contractor employee may work on the contract. Before making this decision the designated DOL Agency official may also require a pre-employment FBI fingerprint check on contract employees. This procedure is described in Chapter 2, Section 6.

b. Submission of Investigation Documents. The Contractor shall submit the required documents below to the designated DOL Agency official within 14 calendar days of each contractor employee's placement on the contract in a High Risk, Moderate Risk, Low Risk, or Noncritical-Sensitive position. However, the Single Scope Background Investigation must be completed before the contractor employee is placed in a Critical-Sensitive position, unless the Department approves the placement of the contractor employee's placement in the position before the investigation is completed. The specific form that he or she completes depends on the risk or sensitivity level of the work that he or she will perform. These forms can be found on the following website: http://www.opm.gov/forms.

· The SF-85, Questionnaire for Non-sensitive Positions, is used with positions or work that are designated at the Low Risk level. The minimum investigation required is a National Agency Check and Inquiries.

· The SF-85P, Questionnaire for Public Trust Positions, is used with positions or work that are designated at the Moderate or High Risk level. The minimum investigation required for the Moderate Risk level is a Minimum Background Investigation. The minimum investigation required for the High Risk level is a Background Investigation.

· The SF-86, Questionnaire for National Security Positions, is used with positions or work that are designated at the Noncritical-Sensitive or Critical-Sensitive level. The minimum investigation for Noncritical-Sensitive work is a Minimum Background Investigation. The minimum investigation for Critical-Sensitive work is a Single Scope Background Investigation.

The Contractor shall also ensure that each contractor employee is fingerprinted using Form FD-258. The Contractor can get copies of this form from.

The Contractor shall submit the following completed forms and documents to the COTR for each contractor employee based on the risk or sensitivity level of work that such employee is performing:

Low Risk:

High/Moderate Risk:

Critical/Noncritical Sensitive:

SF-85

SF-85P

SF-86

FD-258

OF-306

Application/Resume Application/resume Application/resume

c. Temporary Contractor Employees. If the contractor employee is assigned to Low Risk work and is employed on a seasonal, daily, or intermittent basis, or for no more than 180 days, the NACI is not required. However, the Contractor shall submit the fingerprints of the contractor employee to the COTR on a Form FD-258.

3. Adjudication

a. Referral of Suitability Issues. When OPM has completed the contractor employee's background investigation, it shall send the report of investigation to the Department's Office of Executive Resources and Personnel Security (OERPS). If the report contains suitability issues, the OERPS will forward the report to the designated DOL Agency official for review and adjudication.

b. Suitability Standard and Criteria. The suitability standard and criteria are described in Chapter 3, Section 3.

c. Unfavorable Suitability Determination. If the designated DOL Agency official determines that the contractor employee is unsuitable, the Contracting Officer will inform the Contractor in writing that the contractor employee is denied access to DOL facilities and/or information and information systems. If revoking access to DOL facilities and/or information and information systems negatively impacts the contractor employee's ability to perform, he or she shall be removed from the contract. Any removal of a contractor employee shall not be considered grounds for a delay or adjustment claim from the Contractor.

4. Non-disclosure Agreement

The Contractor shall require each contractor employee to review and sign the attached non-disclosure agreement (Attachment A) when he or she begins work on the DOL contract. The Contractor must send the signed copy to the Contracting Officer’s Technical Representative.

***** End Clause *****

C.7 OPS-001 - INCREMENTAL FUNDING PLAN

a. In accordance with the clause titled “Limitation of Funds”, FAR 52.232-22, the amount presently available for payment by the Government and allotted to this Contract is $___________. It is estimated that this amount will cover the period of ___________to___________.

b. The Government intends to obligate funds for performance incrementally. Incremental funding will be provided via future Contract modifications.