DOL131RP21638_-_MANAGEMENT_PROFESSIONAL_SUPPORT_SERVICES.pdf
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“TO ALL OFFERORS”
NO TELEPHONE INQUIRIES ACCEPTED
Title: MANAGEMENT/PROFESSIONAL SUPPORT SERVICES
The vendor shall provide management and professional support in areas of Technical writing, management systems and organization , program budgeting, planning and financial management, and human resources to OSHA in accordance with the Performance Work Statement (PWS).
The resultant contract will be an Indefinite Delivery Indefinite Quantity Contract (IDIQ).
This requirement is a 100% small business set aside. Offers received from concerns that do not qualify as small business concerns shall be considered nonresponsive and shall be rejected.
PAGE 1 OF1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 1605 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL BUSINESS
(EDWOSB)
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 1650 160516. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE 1650
TELEPHONE NO.
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____1___________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. GNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. 5/2011)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL: STACY A. CONAWAY - CONAWAY.STACY@DOL.GOV NO TELEPHONE INQUIRIES ACCEPTED 05/20/2013 3PMEST
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 161-1394-2076 74
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
DOL131RP21638 04/08/2013
OASAM Office of Procurement Services U. S. Department of Labor
RM S4307 541990
200 Constitution Ave., NW Washington DC 20210 14 MILLION
X 100
X
N/A
X
U. S. Department of Labor Directorate of Administrative Programs 200 Constitution Ave., NW Washington DC 20210
OASAM Office of Procurement Services U. S. Department of Labor
RM S4307
200 Constitution Ave., NW Washington DC 20210
OASAM BRANCH OF INVOICE PAYMENTS
RM: S-5526
US DEPARTMENT OF LABOR
200 CONSTITUTION AVENUE, NW
WASHINGTON DC 20210
X X
B-2
Table of Contents
SECTION A ............................................................................................................................................... A-1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS ....................... A-1
SECTION B - CONTINUATION BLOCK ............................................................................................... B-3
B.1 PRICE/COST SCHEDULE........................................................................................................... B-3 B.2 DELIVERY SCHEDULE ............................................................................................................. B-2
B.3 PERFORMANCE WORK STATEMENT .………………………………………………………...B-3
SECTION C - CONTRACT CLAUSES.................................................................................................... C-1
C.1 52.219-6 -- NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE ADDENDUM TO FAR…..C-1
C.2 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS................ C-1
C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES
OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2012) ......................................... C-12 C.4 52.216-18 ORDERING (OCT 1995) ........................................................................................ C-17 C.5 52.216-19 ORDER LIMITATIONS (OCT 1995) ..................................................................... C-17 C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995) .................................................................. C-18 C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) ...................................................... C-18 C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000).................. C-18
C.9 DOLAR 2952.201-70 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COR)
(MAY 2004) ............................................................................................................................ C-19 C.10 REQUIRED INSURANCE ....................................................................................................... C-19
C.11 DISCLOSURE OF CONFIDENTIAL INFORMATION……………………………………….C-20
C.12 CONTRACTOR EMPLOYEE SUITABILITY AND SECURITY REQUIREMENTS .....…….C-20
C.13 OPS-001 INCREMENTAL FUNDING PLAN (FEBRUARY 2013) …………………………C-22
C.14 52.222.40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR
RELATIONS ACT (JAN 2010)(DEVIATION)…………………………………………….….C-23
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS.................................. D-1
SECTION E - SOLICITATION PROVISIONS ....................................................................................... E-1
E.1 ADENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS ..... E-1
E.2 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) ................................................ E-1
E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS
(NOV 2011)............................................................................................................................... E-2
E.4 52.219-1 SMALL BUSINESS REPRESENTATIVE (APRIL 2012)………………………………E-14
E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JAN 2011)……..……E-17
E.6 52.216-1 TYPE OF CONTRACT (APR 1984)…................................................................... ..E-18
E.7 52-217-5 EVALUATIONS OF OPTION (JUL 1990)……………………………………………E-18
E.8 52.219-22 SMALL DISADVANTAGE BUSINESS STATUS OCT 1999…………..………….E-18
E.9 52.233-2 SERVICE OF PROTEST (SEP 2006) .........................................................................E-19
E.10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) .E-20
E11. CONTINUATION TO FAR 52.212-1 INSTRUCTION TO OFFERORS – COMMERICIAL ITEMS E-20
B-3
SECTION B - CONTINUATION BLOCK
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 __________ $300,000.00
ODC'S/Travel - Base Year
1001 1.00 YR ____________________ _____________________
Labor - Option Year 1
1002 1.00 JA __________ $300,000.00
ODC'S/Travel - Option Year 1
2001 1.00 YR ____________________ _____________________
Labor - Option Year 2
2002 1.00 JA __________$300,000.00
ODC'S/Travel - Option Year 2
3001 1.00 YR ____________________ _____________________
Labor - Option Year 3
3002 1.00 JA __________$300,000.00
ODC'S/Travel - Option Year 3
4001 1.00 YR ____________________ _____________________
Labor - Option Year 4
4002 1.00 JA _________ $300,000.00
ODC'S/Travel - Option Year 4
GRAND TOTAL ---
B-4
B.2 DELIVERY SCHEDULE
ITEM NUMBER QUANTITY DATE OF DELIVERY
1 1.00 SEE SCHEDULE
SHIP TO : OSHA, Office of Financial Mgmt.
US Department of Labor 200 Constitution Ave. NW N3419 Washington, DC 20210
MARK FOR: Brandy Roudabaugh
B-5
B.3 PERFORMANCE WORK STATEMENT (PWS)
TITLE: MANAGEMENT/PROFESSIONAL SUPPORT SERVICES
US DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
WASHINGTON DC
1.0 INTRODUCTION
The US Department of Labor (DOL), Occupational Safety and Health Administration (OSHA), is acquiring management/professional support for various OSHA offices.
2.0 BACKGROUND
Directorate of Administrative Programs (DAP) has oversight of the Office of Administrative Services (OAS), Office of Human Resources (OHR), Office of Management Systems and Organization (OMSO) and the Office of Program Budgeting, Planning and Financial Management. DAP’s mission is to provide management and professional assistance support services to the offices of DAP and various other OSHA Directorates. DAP seeks high qualified management level and professional to maximize the business performance of the organization as we strive to meet OSHA’s mission.
DAP provides management leadership and support to OSHA in areas of human resources management, program budgeting and planning, financial management and control and administrative management systems.
OMSO provides services to OSHA and Regional Office managers and supervisors in the study, analysis, development, implementation, and review of OSHA planning, organizing, and other management systems, administrative programs and training and development activities. OMSO conducts surveys, oversees the directives system and manages the record program OSHA-wide. Specifically OMSO develops implements and monitors OSHA records management and information program. Participates in performance planning. Oversees the training program for the National office. OMSO Manages the OSHA Information System (OIS).
OHR provides for the planning, management and execution of HR programs. Specifically, plans, develops, issues, and implement HR policies. Develops and executes plan which provide for the recruitment, selection, and retentions of highly qualified candidates. Plans and carries out a program for position classification and position management including classification maintenance reviews. Advises and assists management on labor management and employee relations.
The Office of Program Budgeting, Planning and Financial Management directs and administers OSHA’s financial management system, including program budgeting, financial control, contract management, and State grants administration, and provides managers at all levels with financial and planning advice and data needed to conduct OSHA’s programs. Specifically, manages the budget by providing regular reports to Agency head, monitors fund control for the State Grant programs, operates the debt collection program and oversees contracts and account operations for the Agency.
B-6
3.0 SCOPE OF WORK
The contractor shall provide management and professional level support services throughout OSHA. The anticipated areas of support includes, but are not limited, to a full range of competence related to Technical writing and support, Management Systems and Organization, Program Budgeting, Planning and Financial Management and Human Resources.
4.0 PERFORMANCE WORK STATEMENT
The Contractor shall be responsible for performing the following functions:
A. The contractor will be requested to assist Directorate management in a wide variety of executive level of technical support duties. Coordinates special projects, monitor timelines, and identify potential problems.
Gather, organize and analyze data, develop solutions and alternative methods. Write technically complex narratives. Organize material and complete writing assignments according to set standards regarding order, clarity, conciseness, style and terminology. Maintain records and files of the work and revisions.
Edit, standardize, or make changes to material prepared by others. Respond to official correspondence, Freedom of Information Act (FOIA) request, as well as other departmental requests.
B. The contractor may also be requested to prepare high level briefing materials using various software packages, develop and maintain complex spreadsheets, prepare reports, summaries of the projects.
C. The contractor may be requested to create, develop, facilitate and execute presentations for meetings, workshops, exhibits, conferences and special events. Develop and organize training manuals, multimedia, visual aids and other educations materials. Monitor, evaluate or record training activities of program effectiveness. Implement or administer directorate or agency wide document management systems and relate procedures to allow agency to capture, store and retrieve, share and destroy electronic records and documents. Operate data capture technology to import digitized document into document management system. Assist in determining document management policies to facilitate efficient, legal and secure access to electronic content. Assist in the development and evaluation of the OIS by reviewing programs, developing documents, conducting surveys and performing studies.
D. The contractor may be requested to prepare and analyze monthly reports to maintain accounting controls, as well as regular and special reports to the Treasury Department. Consult with managers to ensure that financial and accounting adjustments are made in accordance with proper Federal procedures. Compile and analyze accounting records and other data to determine the financial resources required to implement a program.
E. The contractor may be requested to evaluate job positions determining classification, exempt or non-exempt status and salary. Prepare occupational classification, job descriptions. Perform staffing duties, to include dealing with understaffing. Prepare reports, such as organization and flow charts, career path reports to summarize analysis and evolution and compensation analysis information.
DELIVERABLES
All deliverables will be initiated through task orders to include the type of services required above, the suggested labor categories and period of performance.
B-7
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 Hours with Other Direct Costs (ODCs) 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 Performance Work Statement. 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.
TECHNICAL EXHIBIT 1
ESTIMATED WORKLOAD DATA
Below are the descriptions and estimated annual labor hours for the requirements of this PWS based on historical data.
These hours do not project actual requirements for the new contract. The contractor is responsible for proposing the appropriate hours and labor mix to perform the requirements of this PWS. This data is provided for informational purposes only.
CLINS NAME
ESTIMATED QUANTITY
Project/Program Manager HRS 2080
Management Analysts HRS 2080
Program Analysts HRS 2080
Budget Analysts HRS 2080
Document Management Specialist HRS 2080
Human Resources Manager/Specialist HRS 2080
Compensation, Benefits and Job Analysis Specialist HRS 2080
Training and Development Managers HRS 2080
Training and Development Specialist HRS 2080
Technical Writer HRS 2080
Administrative Assistant HRS 2080
Account Collector HRS 2080
B-8
6.1 Project/Program Manager
Duties include:
(a) Liaison between Contractor personnel and the Contracting Officer’s Representative (COR)
(b) Overall responsibility for administrative matters and for ensuring that proper methodologies and procedures are followed in accordance with Task Order requirements
(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
Minimum Qualifications:
Being a senior member of the Contractor’s organization with extensive experience training and managing multi-disciplinary efforts. A total of 3 years work experience in the performance of this type of work is required.
6.2 Management Analyst/ Program Analyst
Duties may include:
(a) Gather and organize information on problems or procedures
(b) Analyze data gathered and develop solutions or alternative methods of proceeding.
(c) Confer with personnel concerned to ensure successful functioning of newly implemented systems or procedures.
(d) Develop and implement records management program for filing, protection, and retrieval of records, and assure compliance with program.
(e) Review forms and reports confer with management and users about format, distribution, and purpose, and to identify problems and improvements.
(f) Document findings of study and prepare recommendations for implementation of new systems, procedures, or organizational changes.
(g) Prepare manuals and train workers in use of new forms, reports, procedures or equipment, according to organizational policy.
(h) Design, evaluate, recommend, and approve changes of forms and reports.
Minimum Qualifications:
A minimum of 2 years work experience in the performance of the type of work is required under this PWS.
6.3 Budget Analyst
Duties may include:
(a) Direct the preparation of regular and special budget reports.
(b) Analyze monthly department budgeting and accounting reports to maintain expenditure controls.
(c) Provide advice and technical assistance with cost analysis, fiscal allocation, and budget preparation.
(d) Examine budget estimates for completeness, accuracy, and conformance with the procedures and regulations.
(e) Compile and analyze accounting records and other data to determine the financial sources required to implement a program.
(f) Perform cost-benefit analyses to compare operating programs, review financial requests, or explore alternative financing methods.
Minimum Qualifications:
A minimum of 2 years work experience in the performance of the type of work is required under this PWS.
6.4 Documentation Management Specialist
Duties may include:
B-9
(a) Develop or configure document management system features, such as user interfaces, access profiles, and document workflow procedures.
(b) Identify and classify documents or other electronic content according to characteristics such as security level, function, and metadata.
(c) Operate data capture technology to import digitized documents into document management system.
(d) Administer document and system access rights and revision control to ensure security of system and integrity of master documents.
(e) Assist in determining document management policies to facilitate efficient, legal, and secure access to electronic content.
(f) Assist in development of document or content classification taxonomies to facilitate information capture, search, and retrieval.
(g) Conduct needs assessments to identify document management requirements of departments or end users.
Minimum Qualifications:
A minimum of 2 years work experience in the performance of the type of work is required under this PWS.
6.5 Human Resources
Duties may include:
(a) Perform wide range of staffing duties.
(b) Ensure compliance with federal and state laws, including reporting requirements.
(c) Provide advice on the resolution of classification and salary complaints.
(d) Prepare reports, such as organizational and flow charts, and career path reports, to summarize job analysis and evaluation and compensation analysis information.
(e) Perform multifactor data and cost analyses that may be used in areas such as support of collective bargaining agreements.
(f) Assess need for and develop job analysis instruments and materials.
Minimum Qualifications:
A minimum of 2 years work experience in the performance of the type of work is required under this PWS.
6.6 Training and Development
Duties may include:
(a) Conduct or arrange for ongoing technical training and personal development classes for staff members.
(b) Plan, develop, and provide training and staff development programs, using knowledge of the effectiveness of methods such as classroom training, demonstrations, on-the-job- training, meetings, conferences, and workshops.
(c) Conduct orientation sessions and arrange on-the-job training for new hires.
(d) Confer with management and conduct survey’s to identify training needs based on projected production processes, changes, and other factors.
(e) Develop and organize training manuals, multimedia visual aids, and other educational material.
(f) Monitor, evaluate, or record training activities or program effectiveness
(g) Offer specific training programs to help workers maintain or improve job skills.
(h) Assess training needs through surveys, interviews with employees, focus groups, or consultation with managers, instructors, or customer representatives.
(i) Develop alternative training methods if expected improvements are not seen.
(j) Organize and develop, or obtain, training procedure manuals and guides and course materials such as handouts and visual materials.
(k) Present information using a variety of instructional techniques or formats, such as role playing, simulations, team exercises, group discussions, videos, or lectures.
Minimum Qualifications:
A minimum of 2 years work experience in the performance of the type of work is required under this PWS.
B-10
6.7 Technical Writers
Duties may include:
(a) Organize material and complete writing assignment according to set standards regarding order, clarity, conciseness, style, and terminology.
(b) Maintain records and files of work and revisions.
(c) Edit, standardize, or make changes to material prepared by other writers or establishment personnel.
(d) Select photographs, drawings, sketches, diagrams, and charts to illustrate material.
(e) Interview production and engineering personnel and read journals and other material to become familiar with production technologies and production methods.
(f) Develop or maintain online help documentation.
(g) Assist in laying out material for publication.
(h) Select drawings, specifications, mockups, and production samples to integrate and delineate technology, operating procedure, and production sequence and detail.
(i) Arrange for typing, duplication, and distribution of material.
Minimum Qualifications:
A minimum of 2 years work experience in the performance of the type of work is required under this PWS.
6.8 Administrative Assistant
Duties may include:
(a) Use computers for various applications, such as database management or word processing.
(b) Answer telephones and give information to callers, take messages, or transfer calls to appropriate individuals.
(c) Create, maintains, and enters information into databases.
(d) Set up and manage paper or electronic filing systems, recording information, updating paperwork, or maintaining documents, such as attendance records, correspondence, or other material.
(e) Operate office equipment, such as fax machines, copiers, or phone systems and arrange for repairs when equipment malfunctions.
(f) Greet visitors or callers and handle their inquiries or direct them to the appropriate persons according to their needs.
(g) Maintain scheduling and event calendars.
(h) Complete forms in accordance with company procedures.
(i) Schedule and confirm appointments for clients, customers, or supervisors.
(j) Make copies of correspondence or other printed material.
Minimum Qualifications:
A minimum of 2 years work experience in the performance of the type of work is required under this PWS.
6.9 Account Collectors
Duties may include:
(a) Arrange a debt repayment or establish repayment schedules.
(b) Locate and notify customers of necessary actions and strategies for debt repayment.
(c) Confer with customers by telephone or in person to determine reasons for overdue payments and corrective action.
(d) Locate and monitor overdue accounts, using computers and a wide variety of automated systems.
(e) Answer customer questions regarding problems with their accounts.
(f) Record information about financial status of collection efforts.
(g) Trace delinquent customers to new addresses by inquiring at post offices, telephone companies, and credit bureaus.
(h) Sort and file correspondence, and perform miscellaneous clerical duties such as answering correspondence and writing reports.
B-11
Minimum Qualifications:
A minimum of 2 years work experience in the performance of the type of work is required under this PWS.
7.0 CONTRACTING OFFICER REPRESENTATIVE (COR)
The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR 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 COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price. The COR 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 COR 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;
B-12
(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
Travel is not anticipated but if required, it shall be cleared through the COR/Contracting Officer before travel may commence. Travel and per diem shall be reimbursed in accordance with Federal Travel Regulations. The Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR); FAR 31.205-46, and the limitation of funds specified in this contract. Travel expenses shall be kept to a minimum and shall be performed only as agreed to by the COR. Receipts for expenses, e.g., tickets, hotel lodging, etc. shall be attached to the invoice. Unsupported reimbursement requests will not be honored.
Travel cost shall be reimbursed for actual cost, not exceeding the limitations set forth in the Federal Travel Regulations (FTR). The FTR is available at www.gsa.gov/federaltravelregulation. Lodging and per diem will be reimbursed at actual cost, also in accordance with FTR. Mileage will be reimbursed in accordance with Federal mileage rate. No handling charges, indirect costs, profit or fee shall be billed for travel costs. Travel expenses will not be reimbursed unless authorized in writing by the CO or COR prior to the travel. The contractor’s requests for travel shall be in writing and contain the dates, locations, and estimated costs of the travel.
10.0 PERIOD OF PERFORMANCE
The period of performance shall be for one (1) Base Year or 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
11.0 PLACE OF PERFORMANCE
The Contractor shall complete the work associated with the task orders at OSHA National Office located in Washington, DC 20210.
12.0 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT & INFORMATION
The Government will provide the Contractor with all necessary equipment and system access as appropriate to complete assigned tasks. The Government will provide all available procedural guides, standards and references material and other pertinent documentation.
13.0 SECURITY
All information gathered or created under this PWS should be considered Sensitive but Unclassified. It is anticipated that this information will be gathered, created and stored within the primary work location. If Contractor personnel must remove any information from the primary work area they should protect it to the same extent they would their proprietary data and/or company trade secrets. The sue of any information that is subject to the Privacy Act will be in full accordance with all rules of conduct as applicable to Public Law 93-579, Privacy Act of 1974.
DOL111RP21354 Section C
C-1
SECTION C - CONTRACT CLAUSES
C.1 52.219-6 -- NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE.
As prescribed in 19.508(c), insert the following clause:
Notice of Total Small Business Set-Aside (Nov 2011)
(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.
(b) Applicability. This clause applies only to--
(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).*
(c) General.
(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.
(End of Clause)
C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS.
As prescribed in 12.301(b)(3), insert the following clause:
CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (FEB 2012)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
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(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting
Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor
Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
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(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of
Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United
States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act
(31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate
EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the
Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law
95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting
Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
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(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.
destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the
Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the
Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the
Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-
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Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly
American; and 41 U.S.C. 423 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to
Government Contracts paragraphs of this clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) Central Contractor Registration (CCR).
(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete.
Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to
(A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.
The Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims).
Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.
(End of clause)
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Alternate I (AUG 2012). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.
(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the
Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.
(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the
Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.
(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.
(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the…
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