RFQ_Plumbing_Supplies_-_Non_Schedule_FINAL.docx

SECTION XII

ATTACHMENTS

REQUEST FOR QUOTE (RFQ)

BLANKET PURCHASE AGREEMENT (BPA)

Request For Quote Number FCU-14-0002545

PLUMBING SUPPLIES AND MATERIALS

In support of:

FACILITIES MAINTENANCE UNIT

FACILITIES AND LOGISTIC SERVICES DIVISION

Conducted under FAR Subpart 12.6

Issued by:

U.S Department of Justice Federal Bureau of Investigation Facilities Contracts Unit (FCU), Room 6329 935 Pennsylvania Ave., NW Washington, DC 20535

July 25, 2014

Request For Quote FCU-14-0002545

BPA NUMBER ______

FEDERAL BUREAU OF INVESTIGATION

BLANKET PURCHASE AGREEMENT

The Contractor agrees to the following terms of a Firm-Fixed Price BPA

Delivery Orders EXCLUSIVELY WITH THE FEDERAL BUREAU OF INVESTIGATION:

SUPPLIES AND PRICES TABLE DESCRIPTION ________________

BPA AGREEMENT

(10) The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's schedule, the provisions of this BPA shall take precedence.

Request For Quote FCU-14-0002545

1.1 GENERAL DESCRIPTION

The contractor shall supply plumbing supplies and materials required by this BPA on a Firm-Fixed Price (FFP) basis. The supplies shall be provided in accordance with all sections of this BPA.

1.2 CALL LIMITATION

No single Purchase/Call under this BPA shall exceed $3,000.00 unless placed by the Contract Specialist listed under item six of the BPA Agreement. All other individuals listed under item six of the BPA Agreement are authorized to place Purchases/Calls against this agreement up to, but not exceeding $3,000.00.

1.3 SUPPLIES AND PRICES

The Contractor shall provide pricing at a firm fixed price using most preferred customer pricing, standard commercial terms and conditions, and requirements as set forth in this agreement. Percentage of discount from list price, if any, shall be noted. The contractor shall propose prices in each price group for different quantities. Prices will be evaluated upon the unit price quoted for each group.

Prices shall be submitted in the tables provided in Section XII, Attachment One (1) SERVICES AND PRICES TABLE DESCRIPTION.

The following abbreviations are used in this table:

a) The prices to the Government shall be lower than or as low as those charged to the supplier’s most favored customer (MFC) for comparable quantities under similar terms and conditions in additional to any discounts for prompt payment. All prices requested are FOB Destination (see clause 52.247-34 F.O.B. Destination Nov 1991).

b) In the event that the contractor experiences a price increase or decrease, the contractor must provide written notice of this increase or decrease and include sufficient documentation to justify it. Within 30 days from receipt of this request the FBI Contracting Officer will notify the contractor if the request was approved and/or update the pricing for this BPA. Until a price increase is approved, the prices quoted herein will remain in effect. Price increase/decrease requests may be submitted semi-annually as needed.

c) All purchase orders issued at the old prices during the 30-day period are to be accepted and processed. No price changes to orders issued before or during this timeframe will be allowed. If the Government fails to respond to the contractor within the 30-day period, orders will be amended to reflect the approved increased price.

1.5 EXTENT OF OBLIGATION

This agreement will not obligate the Government to order, or the contractor to furnish any articles in any quantity except to the extent that may be agreed upon in connection with individual transactions. Quantities listed in the Services and Prices Table Description, Attachment 1, are estimated quantities based on past usage and forecasting for the upcoming years, they are not guaranteed quantities. This BPA is not a contract, but orders placed against it become contractual upon acceptance by the contractor. In the event that this arrangement is applied in connection with ordering material available under FSS contracts, or other established contracts, nothing herein shall be deemed to modify the terms and conditions of such contracts.

1.6 GSA SCHEDULE ITEMS/SERVICES

In the event that the contractor can provide an item(s) on Federal Supply Schedule (FSS) – the contractor, shall clearly label those items as being on the FSS in the submission of prices quoted. The contractor shall provide open market pricing for non-schedule items at the lowest discounted price that is offered to preferred commercial customers.

1.7 SERVICES AND PRICES TABLE DESCRIPTION

Services and prices table is located in Section XII, Attachment 1.

SECTION I

SUPPLIES OR SERVICES AND PRICE/COST

Request For Quote FCU-14-0002545

2.1 PURPOSE

This Request for Quotation (RFQ) shall be issued, and then awarded to a contractor, to establish BPA arrangements for ordering and delivering Plumbing Supplies and Materials. These supplies/materials will be used to support, repair, and maintain the entire plumbing infrastructure system throughout the FBI Academy campus.

A BPA for one (1) base year plus four (4) one-year options will be awarded to furnish items as listed in Attachment One, Section XII, Services and Pricing Table Description, for the Facilities Logistics and Services Division, Facilities Maintenance Unit (FMU) of the FBI, FBI Academy, Quantico, VA 22135.

2.3 BACKGROUND

The FMU supports the FBI’s operational and support organizations by providing building maintenance services at the FBI Academy campus in Quantico, VA.

2.2 SCOPE

The contractor shall provide Plumbing Supplies, Materials and delivery within 10 days or less after receipt of order or call orders. All orders shall be delivered in full unless approved by the Contracting Officers Representative (COR) at the time of order. The contractor shall provide delivery tickets or sales slips for each order.

SECTION II

STATEMENT OF WORK

2.3 DELIVERY TICKETS

RFP 3510127957 Section II

The contractor shall provide delivery tickets/sales slips for each call. All items quoted must be at the lowest discounted price available to preferred commercial customers.

Request For Quote FCU-14-0002545

3.1 CONTRACT TERM

It is the intention of the government that this BPA for Plumbing Supplies and Materials be for one (1) base year with four (4) one-year (12-month) option periods. The maximum period of performance is a period of five (5) years, contingent upon each option year being exercised, the availability of funding and the need of the Government.

Base Period: Date of award 2014 – xxxx xx, 2015

Option Period 1: xxxx xx, 2015 - xxxx xx, 2016

Option Period 2: xxxx xx, 2016 - xxxx xx, 2017

Option Period 3: xxxx xx, 2017 - xxxx xx, 2018

Option Period 4: xxxx xx, 2018 - xxxx xx, 2019

SECTION III

CONTRACT PERFORMANCE

4.1 DELIVERABLES

The contractor shall deliver Plumbing Supplies and Materials as requested to the following address:

Deliveries shall occur on the scheduled date agreed upon at the time of each call order. All deliveries shall be Monday thru Friday, except for Federal Holidays, between the hours of 7:30 AM EST and 3:00 PM EST. Shipping shall be accomplished according to standard commercial practices.

Orders may be issued from the date of award for a period of five (5) years, contingent upon each option year being exercised, the availability of funding and the need of the Government.

Supplies shall be shipped prepaid by common carrier, parcel carrier or parcel post (unless otherwise specified on individual purchase orders)

4. 2 PACKAGING/MARKING

All packages shall be preserved and packaged in accordance with standard commercial practices in order to avoid any damage in shipment. All containers shall be marked as to allow easy identification of order number.

4.3 NOTICE REGARDING LATE DELIVERY

The contractor shall notify the FBI CO via a Notice Letter, consecutively numbered, as soon as it becomes apparent to the contractor that a scheduled delivery will be late. The contractor shall include in the Notice Letter the rationale for late delivery and the expected date for the delivery. The FBI CO will review the new schedule and provide guidance to the contractor. Such notification in no way limits any Government contractual rights or remedies including but not limited to termination.

SECTION IV

PACKAGING AND MARKING

5.1 PLACE OF INSPECTION AND ACCEPTANCE

The Plumbing Supplies/Materials shall be inspected and accepted at the location provided in Section 4.1. The inspections shall be done by FMU of the FBI. All contractor deliverables will be inspected for content, completeness, accuracy and conformance to BPA requirements by the COR and will be in accordance with FAR Clause 52.246-2 “Inspection of Supplies – Fixed-Price (Aug 1996)”. The basis for acceptance shall be compliance with the requirements as set for in the Statement of Work, the BPA, the contractor’s quote and other terms and conditions as set forth in the contract. Deliverables rejected shall be corrected in accordance with the applicable clauses.

5.2 SCOPE OF INSPECTION

All contractor deliverables will be inspected for content, completeness, accuracy, and conformance to BPA requirements by the FBI COR and will be in accordance with FAR Clause 52.246-2 “Inspection of Supplies – Fixed Price (Aug. 1996)”.

5.3 BASIS OF ACCEPTANCE

The basis for acceptance shall be compliance with the requirements set forth above and in the BPA, the contractor’s quote and other terms and conditions of the contract. Deliverable items rejected shall be corrected in accordance with the applicable clauses.

5.4 NON-CONFORMING PRODUCTS OR SERVICES

Non-conforming products or services will be rejected. Deficiencies will be corrected, by the contractor, within 5 workdays of the rejection notice. If the deficiencies cannot be corrected within 5 workdays, the contractor will immediately notify the FBI COR of the reason for the delay and provide a proposed corrective action plan within 5 workdays.

SECTION V

INSPECTION AND ACCEPTACE

6.1 INVOICE SUBMISSION

Invoices shall be submitted at least monthly for all deliveries made during a billing period. Invoices shall be submitted to the COR listed in Section 6.3.

Invoices will be handled in accordance with the Prompt Payment Act and Far Clause 52.232-25. Contractors shall assign an identification number to each invoice.

The contractor shall certify with a signed and dated statement that the invoice is correct and proper for payment. Small Business status shall be self-certified on each invoice.

6.2 INVOICE CONTENT

The Contractor shall submit to the COR an original invoice to the address designated in the BPA to receive invoices.

The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (i) through (x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt, with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

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

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(ix) Electronic funds transfer (EFT) banking information.

Contractor shall submit correct EFT banking information in accordance with: FAR 52.232-38, Submission of Electronic Funds Transfer Information with Offer, contract clause FAR 52.232-33, Payment by Electronic funds Transfer—Central Contractor Registration, or FAR 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration.

(x) Small Business contractors shall self-certify on each invoice their small business status.

6.3 CONTRACTING OFFICER (CO)

Washington, DC 20535 Telephone: (202) 324-2947 Email: Nancy.beck@ic.fbi.gov

6.3 CONTRACTING OFFICER’S REPRENTATIVE (COR)/COTR

FEDERAL BUREAU OF INVESTIGATION

ATTN: Mr. Ed Mead Facilities Maintenance Unit Building 15, Room 15-6 FBI Academy Quantico, VA 22135 Telephone: (703)632-4601 Fax: (703) 632-3740

6.4 COR RESPONSIBILITIES

6.6.1 JAR 2852.201-70 Contracting Officer’s Technical Representative (COTR)

(a) Mr. Ed Mead is hereby designated to act as Contracting Officer’s Representative (COR) under this contract.

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

(c) The COR does not have the authority to alter the contractor’s obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Offices shall issue such changes.

6.5 DELIVERY ORDER PROCESS

SECTION VI

CONTRACT ADMINISTRATION DATA

(d) The contractor agrees to accept and supply any Delivery Order issued by an FBI authorized buyer as listed under number six in the BPA agreement for supplies/material that fall within the scope of the agreement.

The Government shall release a Delivery Order/Call for the contractor to provide Plumbing Supplies/Materials as listed in the attached Supplies and Prices Table Description (Section XII, Attachment 1).

The Order shall include the following to the extent applicable to the order:

a) Ship to location, POC at the site phone number and e-mail address

b) Items ordered as well as quantities

c) Required date

d) Other information deemed appropriate to support the order/call.

Request For Quote FCU-14-0002545

SECTION VII

SPECIAL CONTRACT REQUIRMENTS

7.1 GOVERNEMENT-FURNISHED PROPERTY (GFP)

N/A

7.2 GOVERNEMENT-FURNISHED RESOURSES (GFR)

N/A

RFP 3510127957 Section V

8.1 SPECIAL CONTRACT REQUIREMENTS

ADDENDA TO 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

In accordance with FAR 12.302(d) the following addenda shall be included into this solicitation as a part of FAR 52.212-4:

8.1.1 DISCLOSURE OF DATA UNDER THE FREEDOM OF INFORMATION ACT (FOIA)

If a request for information contained in a quote is requested under the FOIA, the Government shall have the right to disclose any information or data contained in a quote that results in a contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may have been placed upon it in accordance with the provision at Far 52.2151 (e),"Instructions to Offerors Competitive Acquisitions". The Government will, before disclosure, make an administrative determination on a casebycase basis as to whether the information requested is exempt from disclosure by one of the established exceptions to the ACT. In making this determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in part, affords the submitted of a quote an opportunity to object to disclosure.

8.1.2 ORGANIZATIONAL CONFLICTS OF INTERESTS - GENERAL

(a) The Contractor warrants that, to the best of his knowledge and belief, and except as otherwise set forth in this contract, he does not have any organizational conflict of interest as defined in paragraph (b) below.

(b) The term "organizational conflict of interest" means a situation where a Contractor has interest, either due to its other activities or its relationship with other organizations, which place it in a position that may be unsatisfactory or unfavorable (1) from the Government's standpoint in being able to secure impartial, technically sound, objective assistance and advise from the Contractor, or in securing the advantages of adequate competition in its procurement; or (2) from industry's standpoint in that unfair competitive advantages may accrue to the Contractor in question.

(c) The Contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government.

(d) In the event that the Contractor was aware of an organization conflict of interest prior to the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the contract at no cost to the Government.

8.1.3 INDEMNIFICATION

(a) Responsibility for Government Property

(1) The Contractor assumes full responsibility for and shall indemnify the Government against any and all losses or damage of whatsoever kind and nature to any and all Government property, including any equipment, supplies, accessories, or parts furnished, while in his custody and care for storage, repairs, or service to be performed under the terms of this contract, resulting in whole or in part from the negligent acts or omissions of the Contractor, any subcontractor, or any employee, agent or representative of the Contractor or subcontractor.

(2) If due to the fault, negligent acts (whether of commission or omission) and/or dishonesty of the Contractor or its employees, any Government owned or controlled property is lost or damaged as a result of the Contractor's performance of this contract, the Contractor shall be responsible to the Government for such loss or damage, and the Government, at its option, may in lieu of payment thereof, require the Contractor to replace at this own expense, all property lost or damaged.

(b) Hold Harmless Indemnification Agreement The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims, and cost of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any Contractor property or property owned by a third party occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this contract, resulting in whole or in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, or representative of the Contractor or subcontractor.

Government’s Right of Recovery Nothing in the above paragraphs shall be considered to preclude the Government from receiving the benefits of any insurance the Contractor may carry which provided for the indemnification of any loss or destruction of, or damages to property in the custody and care of the Contractor where such loss, destruction or damage is to Government property. The Contractor shall do nothing to prejudice the Government's right to recover against third parties for any loss, destruction of, or damage to Government property, and upon the request of the Contracting Officer shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation (including assistance in the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery.

Government Liability The Government shall not be liable for any injury to the Contractor's personnel or damage to the Contractor's property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal statutory authority.

8.1.4 CLAIMS

The Government shall not be liable for any cost incurred by the Contractor, any subcontractor, or any contract employee, in the furnishing of required security information, or in complying with the FBI's security requirements during the entire term of the contract.

The Contractor agrees that no claim may be filed for Delay of Work due to any Contractor, his subcontractors, or any employees thereof, failing to comply with the FBI's security requirements.

8.1.5 ANNOUNCEMENT OF PROJECT

The Contractor is expressly forbidden from notifying any outside party of any details concerning any project on which the Contractor is providing any service to the FBI as a result of this contract, without the expressed written approval of the FBI Contracting Officer. The Contractor shall ensure that this clause is incorporated in agreements reached with any subcontractors, consultants, agents, or representative employed by the Contractor in contract performance or otherwise.

8.1.6 NOTICE TO THE GOVERNMENT OF DELAYS

In the event the Contractor encounters difficulty in meeting the individual task deadline set by the FBI, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of an assignment, the Contractor shall immediately notify the COTR or Contracting Officer who issued the task order, in writing, giving pertinent details, provided, however, that this data shall be information only in character and that this provision shall not be construed as a waiver by the Government on any delivery schedule or date, or any rights or remedies provided by law or under the SOW.

8.1.7 COMPLIANCE WITH SECITON 508 OF THE REHABILITATION ACT OF 1973, 1998 AMMENDMENTS

By submitting bid or quote in response to this solicitation, the contractor makes an affirmative statement that the product or services to be provided are in compliance with the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the SOW or in the technical specifications, as a minimum.

8.1.8 SAFEGUARDING OF INFORMATION

The contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person or entity any information known to them by reason of their performance of service under this contract which has not been made public, except in the course of their duties or by written authorization of the Contracting Officer. Further, no article, book, pamphlet, recording, broadcast, speech, television appearance, film, or photographs concerning any aspect of the contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the termination of this contract. The contractor shall include the substance of this provision in all contracts for employment and in all subcontracts hereunder.

8.1.9 CONFIDENTIALITY OF DATA

Duplication or disclosure of the data and other information which the Contractor will have access as a result of this contract, is prohibited by Public Law. It is understood that throughout performance of the Contract, the Contractor will have access to confidential data which is the sole property of the FBI as well as access to proprietary data which is the sole property of other than the contracting parties. The Contractor hereby agrees to maintain the confidentiality of all such data to which access may be gained through contract performance, whether title thereto vests in the FBI or otherwise. The Contractor hereby agrees not to disclose said data, any interpretations thereof, or data derivative there from, to unauthorized parties whether real or artificial, in contravention of these provisions, without the prior written approval of the FBI Contracting Officer or the party in which title thereto is wholly vested. The Contractor shall ensure that this clause is incorporated in any agreements reached with any subcontractors, consultants, agents, or representatives employed by the Contractor in contract performance or otherwise.

8.1. 10 DISCLOSURE OF DATA

All data produced, developed, and/or delivered as a result of this contract, shall be the sole property of the FBI and shall be treated by the Contractor as official FBI documentation to be released by the FBI only. Duplication or disclosure of the data and other information produced by the Contractor hereunder is prohibited. Accordingly, the Contractor shall not disclose said data, any interpretations thereof, or data derivation there from, to third parties whether real or artificial in contravention of these provisions, without the prior written approval of the FBI Contracting Officer. The Contractor shall ensure that this clause is incorporated in any agreements reached with any subcontractors, consultants, agents, or representatives employed by the Contractor in contract performance or otherwise.

8.1.11 OWNERSHIP AND USE OF DOCUMENTS

All data produced, developed, received and/or delivered by the Contractor, as a result of this contract shall be the sole property of the FBI. All reports, drawings, specifications, and copies thereof prepared and furnished by the Contractor to the FBI shall become the property of the FBI. Further, the FBI by having sole ownership of these documents may use these documents and data produced and developed by the Contractor in any manner that the FBI deems necessary and in the FBI’s best interest at no additional compensation to the Contractor. This would include, but not be limited to, the following facilities’ maintenance, facilities’ operations, future renovations, etc. The Contractor shall ensure that this clause is incorporated in any agreements reached with any subcontractors, consultants, agents, or representatives employed by the Contractor in contract performance or otherwise.

8.1.12 SMALL BUSINESS ACCELERATED PAYMENT

The contractor must indicate his business size on each invoice to assist the payment office in determining eligibility for accelerated payment in accordance with OMB MEMO M-11-32,‘Accelerating Payments to Small Businesses for Goods and Services,’ dated 10/14/2011. The prompt payment act still applies to this action; however the agency will make best efforts to pay proper invoices within 15 days.

2012-02) (JAN 2012)

(a) In accordance with Section 543 and 544 of Title Y, Division B of the Further Continuing Appropriations Act, 2012 (Pub. L. 112-55), none of the funds made available by the Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation

(1) convicted of a felony criminal violation of any Federal law within the preceding 24months and unless an agency has considered suspension and debarment of the corporation and made a determination that this further Action is not necessary to protect the interests of the Government, or

(2) with an unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By accepting this award or order, in writing or by performance the quote-or/contractor represents that:

(1) The quote-or/contractor is not a corporation convicted of a felony criminal Violation under any Federal law within the preceding 24 months; and

(2) The quote-or/contractor is not a corporation that has any unpaid Federal tax Liability that has been assessed for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

8.1.14 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC

INFLUENZA OR OTHER NATIONAL EMERGENCY

During a Pandemic or other emergency we understand that our Contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our Contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our Contract workforce. Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

The types of actions a federal Contractor should reasonably take to help ensure performance are:

Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

Contractors should cross-train workers as backup for all positions performing critical services. This particularly important for work such as guard services where telework is not an option.

Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

Establish communication processes to notify employees of activation of this plan.

Integrate pandemic health crisis response expectations into telework agreements.

With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or Contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

Determine how all employees who may telework will communicate with one another and with management to accomplish work.

Practice telework regularly to ensure effectiveness.

Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

Identify how time and attendance will be maintained.

It is the Contractor's responsibility to advise the government Contracting Officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or E-Mail messages acknowledging the Contractor's notification. The incumbent Contractor is responsible for assisting the Government in estimating the adverse impacts of nonperformance and to work diligently with the Government to develop a strategy for maintaining the continuity of operations.

The Government does reserve the right in such emergency situations to use federal employees, employees of other agencies, contract support from other existing Contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of Federal Procurement Policy issuance "Emergency Acquisitions," May, 2007 and Subpart 18.2 Emergency Acquisition Flexibilities of the Federal Acquisition Regulation.

8.1.15 INVERTED DOMESTIC CORPORATIONS

(The Offeror shall fill out Attachment 5, Section XII to complete this clause)

Section 743(a) of Division D of the Omnibus Appropriations Act 2009, prohibits the Federal Bureau of Investigation from entering into any contract with any foreign incorporated entity which is treated as an inverted domestic corporation under Section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. § 395(b)) or any subsidiary of such entity. This prohibition does not apply to contracts entered before March 11, 2009, or to any task order issued pursuant to such contracts, The Attorney General shall waive prohibitions in the interest of national security.

The Contractor under this solicitation warrants that:

It is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. §395(b).

It is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. § 395(b), but it has submitted a request for a waiver or plans to submit a request for waiver.

A copy of the approved waiver, if a waiver has been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

The Contractor warrants that if at any time after award it discovers it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. § 395 (b) and a waiver was not obtained, the Contractor shall make an immediate and full disclosure in writing to the Contracting Officer. The Government may, however, terminate the contract at no cost to the Government.

8.2 FAR CLAUSES INCORPORATED IN FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2014)

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

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

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

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

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

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

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

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

_X_ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

_x_ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved] _x_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

_x_ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).

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

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

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

__ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_x_ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_x_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_x_ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_x_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_x_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_x_ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_x_ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_x_ (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

_x_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

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

_x_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

_x_ (41) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

_x_ (42)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Nov 2012) of 52.225-3.

__ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_x_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_x_ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

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

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

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

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

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

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

__ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

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

(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

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

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

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

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

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(xi) 52.222-53, Exemption from Application of the Service…