DRAFT_ PWS 47QFSA22R0001 Oct 18 2021.docx

SOURCE SELECTION INFORMATION – SEE FAR PART 3.104

General Services Administration Federal Acquisition Services Assisted Acquisition Services Division Southeast Sunbelt Region

Solicitation #: 47QFSA22R0001

Acquisition ID #: 47QFSA21K0148

Date: October 18, 2021

GSA Contracting Officer (CO) Melvin Bernard Fordham Phone: 901-482-8225 Email: Bernard.Fordham@gsa.gov

Client Organization:

Centers for Disease Control and Prevention Division of Select Agents and Toxins Center for Preparedness and Response 1600 Clifton Road, MS H21-7 Atlanta, GA 30329

Contracting Officer's Representative (COR)

TBD

Project Title:

COVID Response - Import Permit Program - DSAT Period of Performance (POP):

Base Year: 01/10/2022 – 01/09/2023 Option Year 1: 01/10/2023 – 01/09/2024 6 Month Extension: 01/10/2024 – 06/09/2024 *final/actual PoP dates will be determined upon award of contract/order

Severability |X| Severable Services |_| Non-Severable Services |_| Mix of Severable and Non-Severable Funding:

|_| Incrementally Funded |X| Fully Funded

Contract Line-Item Numbers (CLINs):

X001: FFP Labor X002: Travel (NTE)

Table of Contents

28.0 Identification of Contractor Employees

34.0 Attachments

1.0 INTRODUCTION

The General Services Administration (GSA), Federal Acquisition Service (FAS), Assisted Acquisition Services Division (AASD) has a procurement request from the Centers for Disease Control and Prevention (CDC), Division of Select Agents and Toxins (DSAT), Center for Preparedness and Response located 1600 Clifton Road, MS H21-7, Atlanta, GA 30329 to procure inspectors to support import permit inspection tasks in support the Coronavirus Disease (COVID) Response. This is a non-personal service contract/task order.

2.0 BACKGROUND

DSAT contains the Import Permit Program (IPP). Section 361 of the Public Health Service Act (PHS Act) (42 U.S.C. 264) provides the Secretary of Health and Human Services (HHS) with the authority to make and enforce regulations to regulate infectious biological agents, infectious substances, and vectors of human disease to prevent the introduction, transmission, and spread of communicable diseases from foreign countries into the United States (including its possessions) and from one state or possession into another. Section 361 of the PHS Act also provides authority for the HHS Secretary to conduct inspections for purposes of carrying out and enforcing such regulations.

HHS delegated to DSAT regulatory (42 CFR Part 71.54; Import regulations for infectious biological agents, infectious substances, and vectors) responsibility of importation of infectious biological agents, infectious substances, and/or vectors which affect human health in the United States. IPP ensures laboratories importing infectious biological agents into the United States have appropriate biosafety measures to prevent introduction or spread of these biological agents by providing the following critical capabilities (not all inclusive):

· The ability to monitor and control importation of infectious biological agents, infectious substances and/or vectors of human disease into the U.S by providing import permits

· Risk based inspections of the importer facilities to ensure sufficient biosafety measures are in place to work safely with the imported infectious biological agents, hosts, and vectors IPP is requesting to pursue a contract to relieve the current backlog of inspections related to over 1000 permits issued for severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) to ensure appropriate biosafety measures to prevent introduction or spread of these biological agents into the United States. The contract mechanism is based on the increased workload as result of the COVID-19 pandemic.

3.0 SCOPE

The contractor, as an independent organization, and not as an agent of the Government, shall furnish educated, qualified, and trained personnel to perform inspections and data entry in support of inspections related to the COVID Response. DSAT will provide materials, equipment and supplies for contractor staff required to perform the inspections.

4.0 PERFORMANCE REQUIREMENTS

The contractor shall provide support to the government to carry out the requirements of 42 CFR 71.54. see reference materials at https://www.cdc.gov/cpr/ipp/index.htm. This support will consist of the following:

4.1 Contact facilities to schedule inspections in accordance with instructions provided by DSAT management.

4.2 Contact entities to be inspected prior to the inspection to obtain documents and entry requirements.

4.3 Prepare for entity inspection to include, but not limited to, coordinating travel arrangements, making copies of documents required for inspection, and consulting with DSAT employees and eIPP on issues. To ensure compliance with import permit regulations, DSAT inspects entities using these standardized checklists to verify that facilities have implemented the appropriate biosafety measures for the infectious biological agent, infectious substance, or vector to be imported (Reference https://www.cdc.gov/cpr/ipp/inspection/index.htm or as an attachment to the PWS section 34.0). The Government will train the contractor on the completion of the inspection checklists.

4.4 Conduct inspection in accordance with DSAT inspection protocols to include, but not limited to, examination of facilities, examination of entity documentation (training, plans, records), and interviews of entity personnel.

4.5 Prepare inspection report of inspection in cooperation and submitting for DSAT management approval.

4.6 Conduct follow-up with entities to ensure timely responses from facility.

4.7 Attend initial briefing meeting with DSAT Personnel & Contractor to go over desired outcomes and provide a report within ten (10) days of meeting.

4.8 Contractor shall perform approximately 1,000 inspections of facilities located within United States to confirm compliance with Import Permit Regulations.

5.0 PERFORMANCE REQUIREMENTS SUMMARY

This Performance Requirements Summary (PRS) identifies critical success factors for the contract/task order. It identifies both the performance objectives for those factors and the performance threshold required for each performance objective. The Government reserves the right to surveil all services called for in the contract/task order to determine whether or not the performance objectives were met.

1) The PRS contains performance objectives the Government will monitor,

2) The absence of any contract requirement from the PRS shall not detract from its enforceability nor limit the rights or remedies of the Government under any other provision of the contract.

3) The PRS will be used as the baseline to develop a quality assurance surveillance plan (QASP). The QASP will identify the surveillance methods the Government will use to evaluate the Contractor’s performance.

4) Methods of surveillance can change after contract award based on, but not limited to:

a) Acceptance of a contract or Quality Control Plan (QCP), and

b) Performance

c) Modification to contract/task order

d) As deemed by the Government

Performance Evaluation.

Performance of a service will be evaluated to determine whether or not it meets the performance threshold. Re-performance is the preferred method of correcting any unacceptable performance. The Contractor shall provide the CO and COR a written response why the performance threshold was not met, how performance will be returned to acceptable levels, and how recurrence of the cause will be prevented in the future.

PRS Table

100% of compliance with timeliness

100% of compliance with timeliness

100% of compliance with timeliness

100% of compliance with timeliness;

100% of compliance with timeliness;

100% of compliance with timeliness;

Number of days without staff coverage and/or not meeting requirement 100% Compliance

99% of days per month have full staff coverage 100% Inspection

Periodic Inspection CPAR Reporting

CPAR Reporting/Price Reduction

Timeliness

5.1 Quality Assurance

The government will evaluate the contractor’s performance under this contract/task order in accordance with the QASP. This plan is primarily focused on what the Government must do to ensure the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

6.0 DELIVERABLES

The Contractor shall provide the deliverables and reports as detailed in the Deliverable Schedule table section below. All deliverables shall be provided in electronic format to the CO and/or CO. Contractor provided format for these documents shall be acceptable. Unless otherwise advised by the COR/CO, all deliverables shall be uploaded to the GSA business application, Assisted Services Information System (ASSIST) 2.0, as a “Post Award Collaboration (PAC)” (https://portal.fas.gsa.gov/public/login). Once logged into the ASSIST application, access the “Order Package” and navigate to the “Post Award Collaborations” link in the “Order Package” menu. Click “Create Collaboration” and select “Deliverable” as the collaboration type. Failure to comply with this requirement may result in rejection of invoices and/or non-payment.

The contractor shall comply with all reporting requirements in accordance with this contract/task order. Each deliverable shall be due as indicated in the table below, or as provided within an approved event requisition.

The Government has five (5) business days to review deliverable for content. If deliverable is unacceptable, the Government will return to the Contractor within two (2) days and the Contractor shall provide a revised report within two (2) days that is acceptable to the Government.

The Contractor shall notify the Government CO and COR as specified when the Contractor determines that tasks will not be completed on time. The deliverables below pertain to the life of the contract, including option years. Deliverable Schedule is shown in the following table:

FAR 52.204-14 Service Contract Reporting Requirements

Additional deliverables may be added by modification to the contract/task order. Any delivery delay shall be reported to the CO/COR immediately.

7.0 REPORTS

(a) Required Reports/Documentation and Content

(1) Monthly Technical Report: The Contractor shall prepare and submit monthly technical progress reports in narrative form which shall contain technical results of the work accomplished during the reporting period. This report shall be in sufficient detail to disclose all work started and results achieved during the reporting period, an indication of any current problems which may impede performance, the proposed corrective action, and the work forecast for the next period. This document shall report progress and planning so as to correspond with the work schedule contained in the Center approved program plan.

(2) Monthly Financial Letter Report: The Contractor shall prepare and submit monthly financial reports which will summarize in tabular form the expenditures for the current month and the cumulative expenditures through the current month.

(3) Draft Final Report: Upon completion of all work under the contract, the Contractor shall prepare and submit to the Government a final report covering in detail all the work accomplished under the contract. The final report shall document and summarize the entire contract work and shall include recommendations and conclusions based on the experience and results obtained. The final report shall include tables, graphs, photos, and diagrams in sufficient detail to comprehensively explain the results achieved under the contract. The report shall also include an analysis of salient findings, a presentation of general conclusions, and any guidance or recommendations deemed pertinent for future consideration by the DSAT. The Government shall be allowed sixty (60) days to review the draft and notify the Contractor in writing of approval or of recommended changes to be made in the final copy. If the Government does not approve or recommend changes within sixty (60) days of receipt of the draft final report, the report shall be deemed approved.

(4) Final Report: Within thirty (30) days of receipt of a notice of approval from the CO, the Contractor shall furnish the Government with a reproducible master and the required number of copies of the final report in final form. The reproducible master shall be prepared in accordance with the guidelines referenced under DRAFT FINAL REPORT.

(b) Reporting Period

All monthly reporting periods shall end on the last day of a calendar month.

(1) For contracts awarded (i.e., effective date) on or before the fifteenth (15th) of a calendar month, the initial reporting period shall end on the last day of the calendar month during which the contract became effective.

(2) For contracts awarded (i.e., effective date) on or after the sixteenth (16th) of a calendar month, the initial reporting period shall end on the last day of the month immediately following the month during which the contract became effective.

(c) Develop detailed Project Management Plan as required by CDC Project Officer/COR.

8.0 QUALITY CONTROL PROGRAM

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this Performance Work Statement (PWS). The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which it assures that work complies with the requirement of the contract/task order. After acceptance of the QCP, the contractor shall receive the CO acceptance in writing of any proposed change to the QCP.

The QCP shall be submitted to the GSA CO for acceptance not later than ten (10) calendar days after award. The GSA CO will notify the contractor of acceptance or required modifications to the plan. The contractor shall make appropriate modifications and obtain acceptance of the plan within fifteen (15) calendar days from the requested modifications date. The QCP shall include the following minimum requirements:

a. A description of the inspection system to cover all major services and deliverables. The description shall include specifics as to the areas to be inspected on both a scheduled and unscheduled basis, frequency of inspections, and the title of inspectors.

b. A description of the methods to be used for identifying and preventing defects in the quality of services performed.

c. A description of the records to be kept to document inspections and corrective or preventative actions taken.

All records of inspections performed shall be retained and made available to the Government upon request throughout the task order performance period, and for the period after task order completion, until final settlement of any claims under this contract/task order.

9.0 INSPECTION AND ACCEPTANCE

Inspection and acceptance will occur in accordance with FAR 52-212-4 Contract Terms and Conditions Commercial Items. In the absence of other agreements negotiated with respect to time provided for Government review, deliverables will be inspected, and the contractor notified of the COR’s findings within fifteen (15) calendar days of normally scheduled review. If the deliverables are not acceptable, the COR will notify the contractor immediately.

Unsatisfactory Work. Performance by the contractor to correct defects found by the Government as a result of quality assurance surveillance and by the contractor as a result of quality control shall be at the contractor’s own expense without additional reimbursement by the Government. Unless otherwise negotiated, the contractor shall correct or replace all non-conforming services or deliverables not later than five (5) calendar days after notification of non-conformance.

10.0 TRAVEL REIMBUREMENT (NO FEE)

The Government may require the contractor to travel in the Continental United States (CONUS) in support of the requirements in section 4.0 of the PWS in accordance with (IAW) FAR 31.205-46, and the Federal Travel Regulations (FTR). Travel shall be approved by the COR and/or CO before a trip is begun. If prior Government approval is not obtained, the Contractor will not be reimbursed. The contractor will not be reimbursed for travel in their local area. Locations and duration of travel cannot be fully defined at this time. Therefore, ceiling amount for the life of this contract/order is $2,250.000.00 (No fee). Travel ceiling breakdown is depicted below.

Base Year: $1,125,000.00 Option Year 1: $750,000.00 6 Month Extension: $375,000.00

Travel Approval. A contractor-generated travel authorization request form shall be submitted to the COR and/or CO for approval prior to beginning any travel. The contractor shall ensure that the requested travel costs will not exceed the amount authorized in this contact/order. The travel request shall, at a minimum, include:

(1) Traveler(s) name(s);

(2) Travel dates, inclusive (from and to);

(3) Travel location(s) (from and to);

(4) Purpose of trip;

(5) Estimated breakdown of each expense elements that shall include lodging rate (per day), lodging tax, maximum meals and incidental expenses (M&IE) (per day), transportation costs, tolls, parking, and other allowable expenses;

(6) Estimate of the remaining travel funds after the travel being authorized is complete;

(7) Other information as required by the COR and/or CO. The COR is authorized to approve travel requests unless the proposed per diem rates exceed the ceiling amounts in FAR 31.205-46. In that situation, the contractor shall obtain pre-approval from the CO (fully documented).

All travel requests shall be submitted to the COR and/or CO minimum ten (10) calendar days prior to the date of travel, if the need to travel is known and anticipated. Regardless, the contractor shall submit requests with sufficient time for Government review and approval. The Contractor shall submit the approved travel request as a “Contractor Travel Request” collaboration (Post-Award Documentation / Post-Award Documentation) in GSA’s ASSIST 2.0 portal, https://portal.fas.gsa.gov.

Travel Reimbursement. Actual travel costs will be reimbursable including associated allowable costs. Allowable travel costs are IAW FAR 31.205-46. Handling fees, G&A, and profit will not be allowed on Travel costs. The CO is the only individual authorized to approve per diem rates that exceed the ceiling amounts in the FTR. Travel shall be in compliance with the contract/order and all other applicable requirements, and maximum use is to be made of the lowest available customary standard coach or equivalent airfare accommodations available during normal business hours. The Government is not liable for any travel costs that were not pre-approved or exceed the funded ceiling amount. All receipts and approvals shall be submitted with the invoice.

11.0 KICKOFF MEETING

Within fifteen (15) calendar days following the contract/order award or as jointly determined by the contractor or the Government, the contractor shall attend a “kick-off” meeting to review the contract/order terms and conditions including project schedule. The meeting location will be determined after award. The meeting shall include discussion of the goals and objectives of the CDC and discuss technical and administrative reporting requirements. This meeting can be combined the Initial briefing meeting with DSAT Personnel. The contractor shall capture the meeting minutes and provide a copy to the CO and COR within ten (10) calendar days of the meeting.

12.0 GOVERNMENT FURNISHED PROPERTY (GFP)

CDC will provide contractor personnel with government computer to access eIPP information system, government cellular phone, and portable hotspot to access internet during inspections. All such items utilized by the contractor remain the property of the Government.

The Contractor shall create and maintain records of all Government property accountable to the contract, including Government-furnished and Contractor-acquired property (See FAR 52.245-1, Property Records).

All property provided by the Government remains the property of the Government and shall be returned to the Government upon completion of the contract/order unless the CO directs the contractor to retain the property for continued use under a successor contract/order. Retention of the property by the contractor will require modification of both losing and gaining contracts. All Government property shall be returned to the Government in the condition provided unless approved in advance by the CO.

13.0 GOVERNMENT FURNISHED INFORMATION (GFI): None

14.0 PLACE OF PERFORMANCE

Work should be performed in accordance with this PWS off-site of CDC.

15.0 NON-DISCLOSURE AGREEMENT

The contractor shall sign a Non-Disclosure Agreement (NDA) (see Attachment G in PWS section 34) within five (5) days after contract award. Any contractor employee performing under the contract shall submit a NDA to the CO and COR via ASSIST 2.0 no later than five (5) days after performance have started by the particular contractor personnel.

16.0 CDC NORMAL WORK HOURS

CDC’s normal working hours are 0800 to 1630 Monday through Friday. The following United States (US) Federal Holidays are recognized,

*Observed the Friday before or the Monday after if holiday falls on a weekend day.

Any other day designated by Federal statute, Executive order, or the President's proclamation.

When any holiday falls on a Saturday, the preceding Friday is observed. When any holiday falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not by itself be cause for an additional period of performance or entitlement of compensation except as set forth within the contract.

17.0 ELIGIBILITY VERIFICATION FOR EMPLOYMENT

Eligibility Verification (E-Verify) is an Internet based system that compares information from an employee’s Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility. The U.S. Department of Homeland Security is working to stop unauthorized employment. By using E-Verify to determine the employment eligibility of their employees, companies become part of the solution in addressing this problem. All U.S. employers must complete and retain a Form I-9 for each individual they hire for employment in the United States. This includes citizens and non-citizens. On the form, the employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and relate to the individual and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form. E-Verify is mandatory for employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause.

18.0 MINIMUM QUALIFICATIONS OF CONTRACTOR PERSONNEL

The Contractor is responsible for the overall management and oversight of this contract/order. Contractor shall provide qualified inspectors to conduct import permit inspections. Inspectors shall have detailed knowledge in laboratory services, demonstrated by a minimum of 5 years of microbiology laboratory experience. Must be knowledgeable in the Import Permit Regulations (71.54) and any referenced documents (Biosafety in Microbiological and Biomedical Laboratories (BMBL)), principles of biosafety, and operation of containment laboratories. Bachelor of Science in biological sciences field or related discipline. Able to meet physical requirements, medical surveillance requirements, and able to travel to extensively. The Contractor shall provide a copy of resume upon request by CO.

18.1 Essential Personnel

All personnel assigned to this contract/order are considered essential to successful contractor performance. When the contractor becomes aware that a contractor employee will be or is unavailable to work under this contract/order, the contractor shall immediately (i.e., within 48 hours) notify the CO and COR, and replace such personnel of equal or superior qualifications, within thirty (30) calendar days of vacancy/unavailable to work. Employment and staffing difficulties shall not be justification for failure to meet established schedules. The contractor shall ensure personnel are fully qualified to meet mission requirements on Day 1 of performance. If personnel are not made available at that time, the Contractor shall provide justification and a plan to rectify the issue.

In the event the contractor does not provide a suitable replacement in the time specified above (30 calendar days), the invoice for the next month’s billing will be prorated for that month for the amount of the individual full time equivalent of the vacant position and this will continue monthly thereafter until the position is filled. Invoice for services shall only reflect fulfilled and staffed positions.

19.0 CONTRACTING OFFICER’S REPRESENTATIVE DESIGNATION

The COR is responsible for monitoring the contractor's progress in fulfilling the technical requirements in the contract. The COR ensures that all required documentation and data are submitted in accordance with the procurement deliverable schedule. Should the contractor fail to fulfill the contractual requirements, the COR must inform the contractor of such failure. The COR will inform the CO of any technical or contractual problems or delays. The COR maintains administration records, approves invoices and performs final inspection and acceptance of work performed under this contract.

The COR has no actual, apparent or implied authority to bind the Government. The COR may not grant the contractor permission to deviate from the requirements stated in the contract, nor direct the contractor to perform any work outside the scope of the contract. Changes in the contract requirements, price or terms and conditions will only be made by the CO via properly executed modifications to the contract. The CO will appoint a COR and issue a COR Designation Letter stating the authority of the COR. The CO will provide a copy of the written designation to the contractor.

The services to be performed by the contractor during the period of this contract shall at all times and in all places be subject to review by the CO or authorized representative(s).

20.0 PRIVACY ACT

Work on this project may require that personnel have access to Privacy Information. All contractor personnel shall adhere to the Privacy Act of 1974, Title 5 of the United States (U.S.) Code, Section 552a and applicable agency rules and regulations. The contractor is responsible for ensuring all contractor personnel are briefed on Privacy Act requirements.

21.0 DATA RIGHTS

The Government has unlimited rights to all documents/material produced under this contract. All documents and materials produced under this contract hall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

22.0 SECURITY

All work products of this effort will be marked, at a minimum, For Official Use Only, also referred to as Controlled Unclassified Information (CUI). All physical, data, and deliverable work products are anticipated to be CUI, so no contract DD-254 is required. Additional security requirements might emerge and will be evaluated as needed.

The contractor shall ensure requirements for safeguarding information and materials, for verifying citizenship of visitors, for controlling access to all areas where program materials are used and stored, for protecting government property, and for security of automated and non-automated management information systems and data are fulfilled. The contractor's management system shall prevent unauthorized disclosure of CUI. The government contracting officer shall be immediately notified of any security incident or any indication of a potential unauthorized disclosure or compromise of CUI.

No data, technical or otherwise, classified or unclassified, derived from this project will be disclosed to third parties or released through publication or any other forum, except with specific authorization from the government COR.

Contactor will not be required access to classified information. Contractor shall be a US citizen and required to meet CDC’s National Agency Check with Inquiries (NACI) clearance for employment.

23.0 PERSONAL SERVICES

GSA will not issue contracts/task orders to provide services prohibited by FAR Part 37.1. The administration and monitoring of the contractor’s performance by GSA or the COR shall not be as detailed or continual as to constitute supervision of contractor personnel. Government personnel may not perform any supervisory functions for contractor personnel, such as interviewing, appraising individual performance, scheduling leave or work, or directing how to perform work.

GSA meets the needs of its clients for support through non-personal services contracts/task orders. To counter the circumstances that infer personal services and to preserve the non-personal nature of the contract/task order, the contractor shall adhere to the following guidelines in the performance of the task.

a. Provide for direct supervision of all contract employees assigned to the task.

b. Refrain from discussing with the client issues such as skill levels and hours, salaries, cost and funding data, or administrative and personnel matters affecting contractor employees.

c. Ensure close communication/coordination with the GSA Customer Account Manager, reporting problems to them as they occur (not waiting for a meeting).

d. Do not permit Government officials to interview potential contractor employees, discuss individual performance, approve leave or work scheduling of contractor employees, terminate contractor employees assist contractor employees in doing their jobs or obtain assistance from the contractor in doing Government jobs.

e. Do not assign contractor personnel to work under direct Government supervision.

f. Maintain a professional distance from Government employees.

g. Provide contractor employees with badges, if appropriate, identifying them as contractors.

h. Ensure proper communications with the Government. Technical discussions and Government surveillance are acceptable, but the Government cannot tell the Contractor how to do the job.

i. Assign a task leader to the order. The task leader or alternate shall be the only one who accepts tasking from the assigned Government point of contact or alternate.

24.0 INHERENTLY GOVERNMENTAL FUNCTIONS

The contractor shall not perform any Inherently Governmental Functions as defined in FAR 2.101 and 7.5. Inherently governmental function” means, as a matter of policy, a function that is so intimately related to the public interest as to mandate performance by Government employees. This definition is a policy determination, not a legal determination. An inherently governmental function includes activities that require either the exercise of discretion in applying Government authority, or the making of value judgments in making decisions for the Government. Governmental functions normally fall into two categories: the act of governing, i.e., the discretionary exercise of Government authority, and monetary transactions and entitlements.

(1) An inherently governmental function involves, among other things, the interpretation and execution of the laws of the United States so as to--

(i) Bind the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise;

(ii) Determine, protect, and advance United States economic, political, territorial, property, or other interests by military or diplomatic action, civil or criminal judicial proceedings, contract management, or otherwise;

(iii) Significantly affect the life, liberty, or property of private persons;

(iv) Commission, appoint, direct, or control officers or employees of the United States; or

(v) Exert ultimate control over the acquisition, use, or disposition of the property, real or personal, tangible or intangible, of the United States, including the collection, control, or disbursement of Federal funds.

(2) Inherently governmental functions do not normally include gathering information for or providing advice, opinions, recommendations, or ideas to Government officials. They also do not include functions that are primarily ministerial and internal in nature, such as building security, mail operations, operation of cafeterias, housekeeping, facilities operations and maintenance, warehouse operations, motor vehicle fleet management operations, or other routine electrical or mechanical services.

25.0 PERSONAL IDENTITY VERIFICATION (PIV) OF CONTRACTOR PERSONNEL

a) This contract/order requires contractor personnel and/or subcontract personnel to have routine physical access to a Federally controlled facility and/or routine access to a Federally-controlled information system as identified in the PWS.

b) The Contractor hereby understands its responsibility of complying with the agency’s personal identity verification procedures applicable to the installation where performance will occur. The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees and/or subcontractor employees in connection with performance under this contract/order.

c) The Contractor shall provide a report to the COR of the total number of PIVs issued under this contract/order no later than the following:

· 10 business days after contract/order performance begins

· 10 business days after exercise of each option period

· 5 business days after CO’s notice/request

d) Each report shall include the following information, at a minimum:

· The individual’s name;

· Title;

· Date the PIV credential/security badge is required under the contract;

· Date the PIV credential is issued;

· Unique PIV credential number;

· Date PIV credential is no longer needed;

· Date PIV credential is returned

e) In addition to the above, The Contractor shall return such identification to the issuing agency at the earliest of any of the following:

(1) When the PIV is no longer needed for contract performance.

(2) Upon completion of the Contractor employee and/or subcontractor employee’s employment.

(3) Upon contract completion or termination of contract/order

f) The Contractor shall deliver a written report to the CO addressing the requirements in paragraphs c-e above. A copy of each written report shall be delivered to the CO via upload to the ASSIST Post Award Collaboration tool using the ‘Report’ collaboration type. The Contractor shall also ensure the COR is selected as a ‘Responsible Person’ in the ASSIST collaboration for distribution. The Contractor understands the CO may delay final payment under the contract/order if the Contractor fails to comply with these requirements.

26.0 PAST PERFORMANCE INFORMATION

The Government will provide and record Past Performance Information for acquisitions over $250,000 utilizing the Contractor Performance Assessment Reporting System (CPARS). The CPARS process allows Contractors to view and comment on the Government's evaluation of the Contractor's performance before it is finalized. Contractors are required to register in the CPARS, so Contractors may review and comment on past performance reports submitted through the CPARS. The CPARS is located online at: https://www.cpars.csd.disa.mil/

Annual Performance Self-Assessment. The Contractor is encouraged to provide an annual self-assessment report NLT thirty (30) calendar days before the end of the Period of Performance (POP). The self-assessment report can be submitted in the contractor’s format, and should discuss its performance relative to Quality, Schedule and Management during the preceding eleven (11) months. The Contractor should provide the annual self-assessment report to the COR, and CO via email. If the Contractor identifies accomplishments that exceeded any contractual standards (for example, delivering a higher quality product or service, or submitting ahead of schedule), the Contractor's self-assessment shall include all associated facts and clearly describe how those exceeded standards translated into a direct benefit to the Government from a project/program perspective.

27.0 ORGANIZATIONAL CONFLICTS OF INTEREST (OCI)

This contract/order effort has potential for an OCI as identified in FAR 9.5. The Contractor is expected to not engage in any activity that could cause an OCI with the Contractor’s position under this contract/order, impair the Contractor’s ability to render unbiased advice and recommendations, or place the Contractor in the position of having an unfair competitive advantage as a result of the knowledge, information, and experience gained during the performance of this contract/order. After reviewing FAR 9.5 in their entirety, if the Contractor determines their company, including Team Members, Subcontractors and Consultants, has an actual or potential OCI, the Contractor shall notify the CO, in writing. Any Contractor written submissions regarding an actual or potential OCI shall be submitted as part of the quotation. The written submissions shall include a proposed mitigation plan for review and ultimate incorporation into the contract/order should the Contractor be the awardee. Also, any identification of an actual or potential OCI that exists at the time of quotation submission shall be included in the COVER LETTER. If the Government determines an OCI cannot be avoided, neutralized, or mitigated, the Contractor may be excluded from consideration for award.

The Contractor agrees that, if after award at any time during the performance period, it discovers an actual or potential OCI; it shall make immediate and full disclosure in writing to the CO. The notification shall include a description of the actual or potential OCI, a description of the action the Contractor has taken or proposes to take to avoid, mitigate or neutralize the conflict, and any other relevant information that would assist the CO in making a determination on this matter.

The Contractor shall not use any Government information provided to them for any purpose other than for performance of this contract/order. Furthermore, the Contractor shall not provide any information to any individual, company or other entity that, other than for performance of this contract/order, does not have a need to know.

28. IDENTIFICATION OF CONTRACTOR EMPLOYEES

In accordance with FAR 37.114 All contractor employees shall be identified as such by wearing badges at all times while performing work at Government facilities and when performing work for the Government under the scope of this requirement at other installations or non-Government sites to include attendance at meetings and seminars. The badges may be either affixed to clothing or be displayed from a chain or other mechanism worn around the neck. Badges shall include contractor’s company name and employee’s name. No other items shall be placed on the badge.

Contractor workforce shall ensure that Federal employees and the public know that they are not Federal employees.

Contractor employees shall initially identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting or attending meetings/seminars or other situations where their contractor status may not be obvious.

Official contractor correspondence (written, facsimile, and email display) shall include their company name; other documents or reports produced by contractors shall be identified as contractor products or contractor participation shall be disclosed.

29.0 INVOICE AND PAYMENT INFORMATION

The contractor may invoice monthly for services rendered after the acceptance of the Monthly Status Report for each month. The contractor shall submit Requests for Payments in accordance with the format contained in General Services Administration Acquisition Manual (GSAM) 552.232-25, PROMPT PAYMENT (NOV 2009), to be considered proper for payment. The contractor shall provide the following payment information for GSA use. It must be an exact match with the information under the contract number in the GSA ASSIST 2.0 Contract Registration (not the contractor’s company or individual representative’s registration) as well as with the information under the contractor’s Data Universal Numbering System (DUNS) number in the System for Award Management (www.sam.gov) information will result in rejected payments.

a. Company Name – Legal Business Name and Doing Business As (DBA) Name

b. Mailing Address – Contact and Address Information

c. Remittance Address – Remit to Address Information

d. Employer’s Identification Number – Federal Tax ID

e. DUNS (Data Universal Numbering System)

The contractor shall certify with a signed and dated statement that the invoice is correct and proper for payment.

29.1 Invoice Requirements

The contractor may submit a draft or advance copy of an invoice to the GSA CO or Contract Specialist (CS) for review prior to its submission to GSA ASSIST 2.0. IAW GSAM 552.232-25, the contractor shall provide the following information on each invoice submitted:

a. Name and address of the Contractor

b. Invoice Number – should not include any special characters

c. Requisition/Purchase Requisition Number

d. Contract Number

e. Charges, identified by deliverable or line item(s), with a narrative description of the service performed or items delivered. Labor, reimbursable costs, and other charges (e.g., G&A) must be broken out

f. Invoicing Period of Performance/Delivery Date

g. Contract Period of Performance

h. Invoice Date

i. Description, quantity, unit price, and extended price of supplies delivered, or services performed

j. Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading

k. Name and address of the Contractor official to whom payment is to be sent

l. Name and address of contracting official

m. Travel costs are supported and are allowable by the contract/order

n. Hours billed do not exceed the contract/order ceiling limit(s), if applicable

o. All subcontractor rates are valid, and have been properly reviewed and substantiated by the prime, if applicable

p. Name, title, phone number, email, and mailing address of the person to be notified in the event of a defective invoice.

q. Prompt Payment Discount, if offered

r. Total invoice amount

29.2 Invoice Submittal

The Contractor shall submit invoice into GSA ASSIST 2.0 (https://portal.fas.gsa.gov/). A contract employee with the authority to bind the company contractually shall certify all invoices. The COR must accept each invoice and the GSA CS or CO must approve each invoice ASSIST 2.0 prior to payment.

29.3 Vendor Information

The Contractor information must satisfy an exact match between GSA ASSIST 2.0 and System for Award Management (SAM) for the invoice to be successfully processed for payment.

Revised Invoice. If the contractor submits a revised invoice, the revised invoice shall include:

a. A unique invoice number,

b. A brief explanation of the reason for a revised invoice, and

c. A cross-reference to any previous invoice submittals for tracking purposes and avoiding duplication.

Supporting Documentation. Receipts, approvals, travel vouchers, etc. to support charges for other than employee labor hours shall be completed in accordance with applicable Government regulations and other terms of the contract/order and shall be attached to the applicable invoice. The contractor shall maintain originals and make them available to the Government upon request.

29.4 Final Invoice

Invoice for final payment must be so identified and submitted when the contact/task has been completed and no further charges are to be billed.

30.0 CONTRACT CLOSEOUT

After the final invoice has been paid the Contractor shall furnish a completed and signed Release of Claims (ROC) (GSA Form 1142, or equivalent) to the CO. This release of claims is due within fifteen (15) calendar days of final payment.

Contract/order closeout is a process prescribed per Federal Acquisition Regulation (FAR) Subpart 4.8. This contract/order should be closed within the timeframe in FAR Subpart 4.804-1. Contract/order is considered physically completed when: (1) the contractor has completed the required deliveries and the Government has inspected and accepted the supplies; (2) the contractor has performed all services and the Government has accepted these services; and (3) all option provisions, if any, have expired; (4) or the Government has given the contractor a notice of complete contract termination. Each option period shall be closed within 6 months of completion. Quick closeout procedures per FAR 42.708 do not apply to this contract/order. The final indirect rate determination is not required and not subject to final rate approval. The indirect rates (i.e., G&A rate for travel, ODCs, etc.,) submitted with proposal shall be considered fixed and not subject to change.