SolicitationFinal3-18.pdf

U.S. General Services Administration

SPECIFICATIONS AND BID FORMS

SOLICITATION NO: GS-01P-08-BW-D-0025

PROJECT: Performance Based – Commercial Items Procurement for Mechanical Maintenance Services at the J.C. Cleveland Federal Building & W. B. Rudman Courthouse, Concord, New Hampshire

BID OPENING:

DATE: 04/08/2008

TIME: 2:00 PM

LOCATION: GENERAL SERVICES ADMINISTRATION

BUSINESS SERVICE CENTER, 1AB

10 CAUSEWAY STREET, ROOM 901

BOSTON, MA 02222-1077

Volume III of III This procurement is 100% set-aside for Small Business firms.

PROPERTY OF THE UNITED STATES GOVERNMENT

COPYING, DISSEMINATION, OR DISTRIBUTION OF THESE

DRAWINGS, PLANS,

OR SPECIFICATIONS TO UNAUTHORIZED USERS IS

PROHIBITED

Do not remove this notice

Properly destroy documents when no longer needed

THE INFORMATION COLLECTION REQUIREMENTS CONTAINED IN THIS SOLICITATION/

CONTRACT THAT ARE NOT REQUIRED BY REGULATION HAVE BEEN APPROVED BY THE OFFICE

OF MANAGEMENT AND BUDGET PURSUANT TO THE PAPERWORK REDUCTION ACT AND

ASSIGNED OMB CONTROL NO. 3990-0163.

GSA Public Buildings Service US General Services Administration 10 Causeway Street New England Region Boston, MA 02222 North Service Center www.gsa.gov i

TABLE OF CONTENTS

This Table of Contents is for convenience only. Its accuracy is not guaranteed and it’s not to be considered as part of the specifications. In case of a discrepancy between the Table of Contents and the Specification, the Specification shall govern.

CONTENTS PAGES

Table of Contents i

Solicitation/Contract Form, Standard Form 1449 1-4

Contract Clauses 5-18

Wage Determination no number

Contract Documents, Exhibits & Other Attachments:

Mechanical Statement of Work M-1-M-12

Exhibits:

Exhibit M-1 – Equipment Inventory ME1-ME174 Exhibit M-2 – Glossary Exhibit M-3 – Reporting Requirements, Phase In, Ongoing, Phase Out Exhibit M-4 - Minor Repairs/Alterations Exhibit M-5 - Safety & Environmental Management Exhibit M-6 - Asbestos Control Requirements Exhibit M-7 - Potable Drinking Water Testing

Instructions to Offerors

Evaluation of Offers

Representations and Certifications

Posted Separately:

Pre-Proposal Conference Letter

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

Mechanical Maintenance Services at the J.C. Cleveland Federal Building and the W.B. Rudman Courthouse, Concord, NH for the Base 36-month period from August 1, 2008 through July 31, 2011, with two, 1-year options periods.

0001 Mechanical Maintenance Service at the J. C. Cleveland Federal Building for the Base 36 month period

36.00 MO

0002 Mechanical Maintenance Services at the W. B. Rudman Courthouse for the Base 36 month Period

36.00 MO

0003 Minor Repair Services, Base 36-month period. 0.00 HR

0004 Minor Alterations, Base 36-month period. 0.00 HR

0005 Off-Hours Service, Base 36-month period. 0.00 HR

0006 Emergency Call Back Services, Base 36-month period. 0.00 HR

0007 Contract Minimum Guarantee for Mechanical Maintenance Servicess at the J.C. Cleveland Federal Building and the W.B. Rudman Courthouse, Concord, NH is $1,000.00.

1.00 LS

Mechanical Maintenance Services at the J.C. Cleveland Federal Building and W.B. Rudman Courthouse, Concord, NH for the First Option Year from August 1, 2011 through July 31, 2012.

1001 Mechanical Maintenance Services at the J.C. Cleveland Federal Building, for the Option 1 period.

12.00 MO

1002 Mechanical Maintenance Service at the W.R. Rudman Courthouse Building for the Option 1 period.

12.00 MO

1003 Minor Repair Services, Option 1 0.00 HR

1004 Minor Alterations, Option 1 0.00 HR

1005 Off-Hous Service, Option 1 0.00 HR

1006 Emergency Call Back Services, Option 1 0.00 HR

Mechanical Maintenance Services at the J.C. Cleveland Federal Building and W.B. Rudman Courthouse, Concord, NH for the Second Option period from August 1, 2012 through July 31, 2013.

2001 Mechanical Maintenance Services at the J. C. Cleveland Federal Building, Option 2

12.00 MO

2002 Mechanical Maintenance Service at the W. R. Rudman Courthouse, Option 2.

12.00 MO

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2003 Minor Repair Services, Option 2. 0.00 HR

2004 Minor Alterations, Option 2 0.00 HR

2005 Off-Hours Service, Option 2 0.00 HR

2006 Emergency Call Back Services, Option 2 0.00 HR

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CONTRACT CLAUSES

Note: The full text version of the clauses incorporated by reference in this solicitation can be found in the Federal Acquisition Regulation (FAR). The FAR can be accessed at the following Internet address:

http://www.arnet.gov/far/

FAR 52.212-4 Contract Terms and Conditions-Commercial Items (Feb 2007) [Reference FAR 12.301(b)(3)]

ADDENDA TO 52.212-4:

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Nov 2006) [Reference FAR 4.1301]

FAR 52.216-22 Indefinite Quantity (OCT 1995) [Reference FAR 16.506(e)]

Contractor shall not be required to make any deliveries under this contract after 01/31/2014.

Note: The minimum guarantee under this contract is $ 1,000.

FAR 52.217-8 Option to Extend Services (NOV 1999) [Reference FAR 17.208(f)]

30 days

FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000) 60 days

[Reference FAR 17.208(g)]

FAR 52.228-5 Insurance - Work on a Government Installation (JAN 1997) [Reference FAR 28.310]

FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued effective 08/01/08, though 1/31/13.

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

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

(End of clause)

FAR 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 50%, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 200%

(2) Any order for a combination of Items in excess of 200% or

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

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

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

(End of Clause)

INSURANCE:

The Contractor must refer to the FAR clause 52.228-5 "Insurance - Work on Government Installation" incorporated by reference herein. The coverages specified below, pursuant to Subpart 28.307 of the Federal Acquisition Regulation (FAR), are the minimum insurance required.

(a) Workers' Compensation and Employer's Liability. Contractors are required to comply with applicable Federal and State Workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The contractor shall provide bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(c) Automobile Liability. The contractor shall provide automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

AFFIRMATIVE PROCUREMENT PROGRAM

(a) GSA is required to procure and use products containing recovered materials, environmentally preferable, and bio-based products. These items will be used to the maximum extent feasible unless the item is not available competitively within a reasonable time frame, does not meet appropriate performance standards, or is only available at an unreasonable price.

(b) In support of this program, products that meet the following criteria are considered acceptable--

(1) Products specified by the U.S. Environmental Protection Agency (EPA) as Comprehensive Procurement Guideline (CPG) items and their associated Recovered Materials Advisory Notices (RMANs). The list of CPG items is available at http://www.epa.gov/cpg.

(2) Products designated as environmentally oriented in the GSA Federal Supply Service "Environmental Products and Services Guide." This guide is available at the FSS Environmental Homepage at http://pub.fss.gsa.gov/environ.

(3) Additional information on environmentally preferable products may be found through sources such as the U.S. EPA’s Environmentally Preferable Purchasing Program’s website:

http://yosemite1.epa.gov/oppt/eppstand2.nsf or information published by the Office of the Federal Environmental Executive at http://www.ofee.gov/gp/gp.htm

(3) Products to be designated, in the future, as bio-based products on the United States Department of Agriculture (USDA) Bio-based Products List.

(c) In accordance with the FAR 52.223-9, Certification and Estimate of Percentage of Recovered Material Content for EPA-Designated Items, the contractor must provide the required certification and estimate at contract completion. In addition, interim annual reports, estimating the percentage of total recovered material used in contract performance, including, if applicable, the percentage of post-consumer material content, shall be provided by the contractor no later than November 1 of each year, with data for the preceding twelve-month period ending September 30.

STANDARDS OF CONDUCT:

The contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary. The contractor is also responsible for ensuring that his employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones, except as authorized.

RECORDING PRESENCE:

All contract employees, including employees of any subcontractor performing working under this contract, must sign in when entering the building and sign out when leaving the building. The COTR will designate the location of the log and the type of form used.

ORDERS FOR ADDITIONAL SERVICES:

Additional Services are those services that are not covered in the monthly price. This includes work in the Statement of Work or Exhibits which is identified as being ordered by the COTR at the line item price established in the contract. Orders for additional services may be placed orally when the amount of the order totals $2,000.00 or less, or in the event of an emergency. All orders which exceed $2,000.00 will be ordered by the COR or GSA Property Officer by issuing a GSA Form 300, Order for Supplies and Services.

The GSA Form 300 will describe the service to be provided and will establish the maximum amount for which the contractor will be compensated.

INVOICE REQUIREMENTS FOR ADDITIONAL SERVICES:

A. Each invoice for additional services shall be submitted to the GSA COTR and shall reference the contract number, name of building where such services were provided, the dates and the number of hours.

Also indicate the name of the GSA representative who authorized the additional hours of work, and the date the order was placed.

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

1. Government Pegasys Document Number

2. Organization Code

The government expects that most invoices for additional services will be paid through the GSA Credit Card.

The contractor shall establish a P.O.S. terminal capable of accepting such card(s) to expedite payment for additional services.

CONTRACTOR PERFORMANCE EVALUATION SYSTEM:

GSA PBS participates in the National Institute of Health (NIH) Contract Performance System (CPS). The CPS is a Federal multiple agency, shared file system created by NIH to collect, maintain, and disseminate contractor performance information as required by Federal Acquisition Regulation (FAR), Subpart 42.15.

The system will be used to determine how well or how poorly a contractor performs on GSA contracts. Interim and final evaluations will be conducted to ensure that contractors are conforming to specifications and standards; adhering to schedules; and displaying cooperative behavior and commitment to customer satisfaction. Data collected in the evaluation includes quality of product/service; cost control; timeliness of performance; business relations; and socio-economic subcontracting goals. Upon completion of an evaluation, the evaluation will be forwarded to the contractor electronically for review and comment.

Because CPS is a shared file system, PBS procurement personnel will have access to other agencies' evaluations on prospective contractors to help in award decisions. The current participating Federal Departments/Agencies are: Departments of Health and Human Services, Agriculture, Treasury, Commerce, Justice (OJP, INS), Energy, State, Education, Labor, and Interior; Nuclear Regulatory Commission; Agency for International Development; U.S. Coast Guard; Environmental Protection Agency; U.S. Postal Service; Federal Emergency Management Agency; Veterans Affairs; and the General Services Administration.

The contractor must register with CPS at http://cpscontractor.nih.gov. Click where it says "Click here to start the process." Clicking the tab on the next page marked "CPS Info" will send you to a page containing Registration Information and a User's Manual.

NOTICE TO PROCEED

The Contracting Officer will issue the Notice to Proceed on this contract only after receipt from the contractor, and approval by GSA, of

1. All required security clearance documents;

2. All required preventive maintenance schedules; and

3. A Quality Control Plan.

PERFORMANCE BASED SERVICE CONTRACT

This contract is a performance based service contract.

SECURITY REQUIREMENTS AND PERSONAL IDENTITY VERIFICATION PROCEDURES (Non- Classified Contract)

A. GENERAL The contractor shall comply with directions provided by the Contracting Officer (CO) regarding all security requirements. All contract employees shall receive a favorable suitability determination, security clearance, and/or meet all security requirements, prior to reporting to work or performing work under this contract. Employees that can not obtain a favorable security determination, security clearance, or meet security requirements, will not be allowed to work in the Government facility.

If the Contracting Officer or his/her representative receives an unfavorable or unsuitable report on any employee, or if the Contracting Officer's Representative finds a prospective employee to be unsuitable or unfit for his/her assigned duties, the Contractor shall be advised immediately that such employee will not be allowed to work or be assigned to work under the contract.

B. The Government has full and complete control over granting, denying, withholding or terminating clearances for employees. The Government may authorize and grant temporary clearance to employees of the Contractor. However, the granting of a temporary clearance shall not be considered, as assurance that full clearance will follow. The granting of either temporary or full clearance shall not prevent, preclude, or bar the withdrawal or termination of any such clearance by the Government.

C. HOMELAND SECURITY PRESIDENTIAL DIRECTIVE (HSPD) -12 HSPD-12 is the “Policy for a Common Identification Standard for Federal Employees and Contractors” (the Directive) and became effective August 27, 2004. The Directive requires all Federal governmental departments and agencies to conduct background investigations and adjudicate the results (HSPD-12 compliant suitability determinations) for all contract employees requiring routine unescorted access to Federally-controlled facilities and/or information systems for more than 6 months before identification cards will be issued.

Contract employees working less than 6 months will be considered “temporary” and all facility access control procedures will apply. GSA may require low risk suitability determinations for “temporary” contract employees, or has the option of clearing “temporary” contractors with an HSPD-12 compliant suitability determination. “Temporary” contract employees that are not required to receive a favorable suitability determination shall be escorted at all times while in non-public space.

The Contractor shall comply with guidance concerning implementation of this Directive as provided herein and by the Contracting Officer (CO).

D. The Government may, as it deems appropriate, authorize and grant temporary suitability determinations to employees of the Contractor. However, the granting of a temporary suitability determination to any such employee shall not be considered as assurance that a favorable suitability determination will follow as a result or condition thereof, and the granting of either temporary or full determination shall in no way prevent, preclude or bar the withdrawal or termination of any such determination by the Government.

E. Depending on the contract and work, a full Notice-to Proceed shall be issued after the initial favorable preliminary suitable clearance process is completed for those required to work on the contract OR partial Notice-To-Proceed shall be issued as the favorable preliminary suitable clearance process is completed for phases of work under the contract in or on the Federally-controlled facility. Contract workers may be added throughout the performance period required by the contract, but must complete the clearance process prior to working in or on the Federally-controlled facility.

F. PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

The contractor shall comply with agency personal identity verification procedures that implement Homeland Security Presidential Directive-12 (HSPD-12) as required by the clause of this contract FAR 52.204-9 and all other security and clearance requirements provided herein and by the Contracting Officer

(CO).

G. REQUIRED INFORMATION SUBMISSIONS. Unless otherwise specified, the Contractor shall submit the information required below to the Government, as directed by the CO, as soon as possible after contract award (but not later than 14 calendar days before contract start date) for all personnel. The following information will be submitted to the Government for all new or replacement personnel within five (5) working days after contract award.. The CO will advise the Contractor on where this information will be submitted.

(1) All contract employees (including contract employees, subcontract employees, and officers of the firm) requiring unescorted access to federally controlled facilities and/or information systems for more than 6 months, and/or who may visit the work site during the period of this contract who need unescorted access shall submit the following:

(a) One copy of the FPS “Contractor Information Sheet” which will be provided to the Contractor at time of award. The Contractor shall complete the Contractor and Contractor Applicant Information Sections as directed by the Government.

(b) One original copy of completed SF 85P with original signature, Questionnaire for Public Trust Positions, with SF 86A, Continuation Sheet. The medical release form attached to the back of the 85P form is not required to be completed for NACI and NACIC background investigations. The SF-85P and 86A are available for download at http://www.gsa.gov/formslibrary. Alternatively, contractors may be required to submit this information electronically through a web-based network.

(c) Two original completed FD-258, Fingerprint Cards. The Government will furnish blank forms upon request.

(2) “Temporary” contract employees (including contract employees, subcontract employees, and officers of the firm) requiring unescorted access to federally controlled facilities for less than 6 months, or other “Temporary” contract employees as designated by the CO, who may visit the work site during the period of this contract who need unescorted access shall submit the following:

(a) One copy of a FPS “Contractor Information Sheet” which will be provided to the Contractor at time of award. The Contractor shall complete the Contractor and Contractor Applicant Information Sections as directed by the Government.

(b) One original copy of completed SF-85P which will be provided to the Contractor at time of award.

(c) Two original completed FD-258, Fingerprint Cards. The Government will furnish blank forms upon request.

H. The Contractor shall furnish the required information to the Government, as specified by the CO, in a sealed envelope together with a transmittal letter on company letterhead for each applicant. The transmittal letter shall be attached to the outside of the envelope and list the following:

(1) The Contractor Applicant’s full name;

(2) The contract number and if applicable, the order number;

(3) The Contracting Officer’s name;

(4) The Contracting Officer’s Representative (COR) or Contracting Officer’s Technical Representative (COTR) name;

(5) The Prime Contractor name, address, and telephone number;

(6) If applicable, the subcontractor, name, address and telephone number; and

(7) The name, address, and title of the Contractor representative submitting the security packet.

I. GENERAL DESCRIPTION OF THE CLEARANCE PROCESS

(1) Name Check and Fingerprint Check. Upon receipt of the sealed envelope containing the required forms, the Government will forward each clearance package to the clearance processing office for initial processing. A preliminary review will be conducted of various national criminal and security data files. If these checks are favorable the Contractor employee may be granted limited access to Federally-controlled facilities and Federal information systems with a preliminary favorable suitability determination. This process takes approximately 3 to 10 business days but could take longer.

(2) For Contractor employees who receive a favorable preliminary check as described above, and depending on the location and type of work to be performed, a more detailed agency check may also be initiated. The check may include record searches with selected sources covering specific areas of the employee’s background, including credit, and written inquiries covering specific areas of the employee’s background.

(3) Issuance of Identification Credential. Upon receipt of favorable suitability determination, each contract employee may be issued a 5-year identification credential in accordance with the federally-controlled facility procedures and, if applicable, be granted access to those Federal information systems necessary to accomplish the contract. A temporary ID may be issued after a preliminary favorable suitability determination. The Contractor shall ensure that all contract employees display their credentials in accordance with facility procedures. The Contractor shall also ensure that such credentials are returned to the government as contract employees are dismissed, terminated, or upon expiration of the contract. The Contractor will be assessed a fee for each identification credential that is lost or otherwise not returned.

(4) Unsuitable Employees. If the Government receives an unsuitable report on any prospective Contractor employee, or if the Government finds a prospective Contractor employee to be otherwise unsuitable or unfit for his assigned duties, the Contractor shall be advised immediately by the CO that such employee will not be allowed to work under this contract. The Contractor must then take action immediately to relieve the employee of all duties and responsibilities related to this contract and return his Identification Credentials, if such credentials were issued. The contractor will not be compensated for such actions. Unsuitable contract employees may be escorted off Federal property by DHS/ICE/FPS or other law enforcement entities depending on the reason for the unsuitable determination.

(5) Site-Specific Requirements. Specific federally-controlled facilities or those areas located within a given facility may have additional security clearance requirements in addition to those cited above.

These will be specified by the Government through the CO or designated representative.

(6) Prior Clearances and the Re-Clearance Process. All contract employees are required to be cleared every 5 years and favorable contract employee background investigations are good for 5 years.

If anytime during a 5 year period, a cleared contract employee is to work on a different contract that they were previously cleared to work on, then the original clearance notices must be submitted by the CO or his representative to DHS/ICE/FPS to update contract and clearance information. During the 5 year period, unless specifically requested to do so by the CO or designated representative, no further forms or information will be required from the contractor. However, if threat levels or security conditions change during the cleared period, access and clearance requirements may change with limited advanced notice which may require previously cleared Contractor employees to have clearances updated, renewed, or reprocessed.

J. TENANT AGENCY SECURITY REQUIREMENTS The Contractor shall comply with all GSA security requirements herein and also those of tenant agencies in the building where work is being performed (agency space) which must be accessed in the performance of work. The Contractor shall be responsible for coordinating with tenant agencies and providing all information required of him/her or his/her employees for performance of work in, or around, the agency’s space. All tenant security requirements must be met, or employees cleared by the agency, prior to the Contractor performing work in, or around, the agency’s space.

Employees that do not meet security requirements or clearance requirements will not be allowed to work in, or around, the tenant agency space. Certain agencies will require that employees be escorted and/or that work only be performed during normal duty hours of the tenant agency.

When a controlled personnel identification system is used by a tenant agency at a site where work is performed, the tenant agency will provide the identification. Each employee of the Contractor must have in his/her possession while on the premises the identification issued by the Government agency. The identification shall be displayed at all times or as required by the agency. The Contractor shall insure that all Government identifications are returned to the issuing agency when employees are terminated or upon expiration of the contract.

IDENTIFICATION CREDENTIAL

A. Upon receipt of favorable suitability determination as indicated herein, each employee of the Contractor will be issued an identification credential. At all times while working on the contract a Contract employee, including subcontractor employees, must have in his/her possession the specific Government identification credential issued to them by the Government. The identification credential shall be displayed and be visible at all times while on Government property. The COR, GSA personnel designated by him/her, Government law enforcement, or security personnel shall periodically verify passes of Contractor employees with their personnel identification. Contractor employees shall comply with security verification procedures at all times.

B. The Contractor shall see that every contract employee has a Government issued identification credential before the employee enters on duty. As required by the Government, the Contractor shall make his employees available for photo identification badges, on a schedule to be worked out with the Contracting Officer’s Representative. The Government will make the identification credentials badges after a favorable security determination has been received for the Contractor’s employees. Each identification credential shall have an expiration date and Contractor employees shall sign each badge at the time of photographing.

C. The Contractor shall be responsible for ensuring that all identification credentials are returned to the Contracting Officer's Representative as his employees leave the contract (contract is completed, employees leave employment of the company, employees are dismissed or terminated). The Contractor will notify the Contracting Officer’s Representative when employee badges are lost.

D. The Contractor will be responsible for paying the Government for replacement credentials at the current cost per badge.

ESCORT REQUIREMENTS

It may be necessary to escort temporary contract employees that do not have favorable preliminary or final suitability determinations and must work in Federally-controlled space. In those cases, ALL uncleared contract employees must be escorted in non-public space by a Government employee or another responsible cleared contract employee that is approved by the Contracting Officer or his/her designee.

Other Government agencies may have specific agency security requirements for their own space that may only allow escort by Government employees or those designated by their agency. Government employees or approved cleared contract employees that provide escorts for uncleared contract employees must always be in close proximity and eyesight of the uncleared contract employee. The contract escort must watch uncleared employees and remain with uncleared contract employees for the entire time they are in the building and/or Federally-controlled space. An uncleared employee can not be left alone or out of eyesight at anytime they are in non-public space. A cleared and approved escort may not bring several uncleared contract employees, into Federally-controlled space, that are not within close proximity or eyesight at all times. A cleared and approved escort may not have multiple uncleared employees in non-public space on different parts of one floor or different floors at the same time. Any security violation of escort requirements by a cleared and approved contract employee will result in immediate removal from the contract of all contract employees involved, i.e., escorts and uncleared escorted contract employees. Also, violations of escort requirements by contract employees in accordance with security requirements may be grounds for termination of the contract.

REMOVAL FROM CONTRACT WORK

Under the following conditions, the Contracting Officer or his/her representative may request the Contractor to immediately remove any employee(s) from the work site. When the Government determines such employee to be: incompetent, careless, insubordinate, unsuitable or otherwise objectionable; or whose continued employment the Government deems contrary to the public interest, inconsistent with the best interests of security, or is identified as a potential threat to the health, safety, security, general well being or operational mission of the facility and its population.

The Contracting Officer may also request the Contractor to immediately remove any employee(s) from the work site(s) should it be determined that individuals are being assigned to duty who have been disqualified for either suitability or security reasons, or who are found to be unfit for performing duties during their tour(s) of duty.

Contractor employees who are removed from contract work shall be required to leave the work site immediately.

The Contractor must comply with any removal request. For clarification, a determination to remove an employee will be made for, but is not limited to, incidents involving the most immediately identifiable types of misconduct or delinquency as set forth below:

A. Failure to receive a suitability determination, temporary clearance, or clearance from GSA or a tenant agency.

B. Violation of Federal, State, or local law.

C. Violation of the Rules and Regulations Governing Public Buildings and Grounds, 41 CFR 101-20.3.

This includes the carrying or possession of explosives, or items intended to be used to fabricate an explosive or incendiary device.

D. Neglect of duty, including sleeping while on duty, unreasonable delays, or failure to carry out assigned tasks, conducting personal affairs during official time, refusing to render assistance, or cooperate in upholding the integrity of the security program at the work site.

E. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records.

F. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, fighting, or participation in disruptive activities, which interferes with the normal efficient operations of the Government.

G. Theft, vandalism, immoral conduct, or any other criminal actions.

H. Selling, consuming, or being under the influence of intoxicants, drugs, or substances which produce similar effects while in or on Federally-controlled property.

I. Improper use of Government identification.

J. Unauthorized use of communication equipment on Government property.

K. Violation of security procedures or regulations.

L. Violation of Title 18, U.S.C., Section 930, which prohibits the knowing possession or the causing to be present of firearms or other dangerous weapons in Federal facilities and Court facilities.

The Contracting Officer will make all determinations regarding the removal of any employee(s) from work site(s), except under certain conditions. When a Contracting Officer is not available, either during the day or after hours, or in situations where a delay would not be in the best interest of the Government or is identified as a potential threat to the health, safety, security, general well being or operational mission of the facility and its population, the Contracting Officer’s Representative will have the authority to immediately remove the contract employee from the work site.

Law enforcement officers of the DHS/ICE/Federal Protective Service will have the authority to immediately remove any contract employee from the work site who is found to be in violation of any of the items mentioned above and where a delay in removal would not be in the best interest of the Government, security, or is identified as a potential threat to the health, safety, security, general well being or operational mission of the facility and its population. The Contracting Officer will be notified as soon after the incident as practical or at the beginning of the next business day if an action happened after hours. The Contracting Office will make all official notifications to the Contractor. In the event of a dispute, the Contracting Officer will make a final determination. Specific reasons for removal of an employee(s) will be provided to the Contractor in writing.

The Contractor is responsible for providing replacement employees in cases where contract employees are removed from working at the work site or on the contract.

SENSITIVE BUT UNCLASSIFIED (SBU) BUILDING INFORMATION

A. GSA contractors that do not have HSPD-12 compliant clearances can not obtain Sensitive But Unclassified (SBU) information (Privacy Act data, building information, and financial information) through GSA’s IT systems.

B. Contractors and prospective bidders with a need to know, that do not have HSPD-12 clearances and access rights to GSA IT systems, can be provided SBU building information, drawings, etc., in accordance with GSA Order 3490.1 that provides for the dissemination of paper and electronic SBU building information for all Federally-controlled space (owned, leased and delegated).

C. SBU information includes but is not limited to:

(1) Paper and/or electronic documentation of the physical facility information

(2) Building designs (such as floor plans)

(3) Construction & renovation/alteration plans and specifications

(4) Equipment plans and locations

(5) Building operating plans

(6) Information used for building service contracts and/or contract guard services

For all GSA controlled facilities, any other information considered a security risk, shall be considered covered under this category.

D. All SBU building information, either in electronic or paper formats, shall have specific imprinting on each page to designate it is Government property and indicate the prohibition of copying, dissemination, and distribution

E. Contractors authorized to receive SBU information shall provide the following identification:

(1) A copy of a valid business license

(2) Verification of a valid DUNS Number

(3) A Valid IRS Tax ID Number

(4) A Valid picture state driver’s license

F. Contractors shall sign a Document Security Notice when they receive the information.

G. Contractors shall be responsible for safeguarding SBU information. At the completion of work, secondary and other disseminators shall be required to turn over their Document Security Notice dissemination records to GSA to be kept with the permanent files.

H. Authorized contract users shall destroy all SBU information and documents when no longer needed.

Destruction shall be done by burning or shredding hardcopy, and/or physically destroying CD’s, deleting and removing files from the electronic recycling bins, and removing material from computer hard drives using a permanent erase utility or similar software.

I. All authorized contract users of SBU building information shall notify the GSA Disseminator in writing that they have properly disposed of the SBU building information/documents.

J. The GSA Disseminator shall maintain all records of SBU building information disposal (along with the signed Document Security Notices) pursuant to the GSA system of keeping long-term records and plans. All Document Security Notices and Records of Disposals shall be kept with the permanent files

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (Dec 2007)

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

(2) 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:

[Contracting Officer check as appropriate.] 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) 52.219-3, Notice of Total HUBZone Set-Aside (JAN 1999) (15 U.S.C. 657a).

__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (4)(i) 52.219-5, Very Small Business Set-Aside (JUNE 2003) (Pub. L. 103-403, section 304, Small Business Reauthorization and Amendments Act of 1994).

__ (ii) Alternate I (MAR 1999) of 52.219-5.

__ (iii) Alternate II (JUNE 2003) of 52.219-5.

X__ (5)(i) 52.219-6, Notice of Total Small Business Set- Aside (JUNE 2003) (15 U.S.C. 644).

__ (ii) Alternate I (OCT 1995) of 52.219-6.

__ (iii) Alternate II (MAR 2004) of 52.219-6.

__ (6)(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__ (7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (8)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2007) (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.

X__ (9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages – Subcontracting Plan (JAN 1999)(15 U.S.C. 637(d)(4)(F)(i)).

__ (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (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.

__ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (OCT 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657f).

__ (15) 52.219-28, Post Award Small Business Program Representation (June 2007)(15 U.S.C. 632(a)(2)).

X__ (16) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

X __ (17 52.222-19, Child Labor—Cooperation with Authorities and Remedies (AUG 2007) (E.O. 13126).

X __ (18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

X __ (19) 52.222-26, Equal Opportunity (APR 2002) (E.O. 11246).

X __ (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

X __ (21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

X __ (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

X __ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

X __ (24)(i) Combating Trafficking in Persons (AUG 2007)(Applicable to all contracts) X __ (ii) Alternate I (AUG 2007) of 52.222-05 X __ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (AUG 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

__ (ii) Alternate I (AUG 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

X__ (26) 52.223-15, Energy Efficiency in Energy Consuming Products (Dec 2007)(42 U.S.C. 8259b) __ 27 (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products

(DEC 2007)(E.O. 13423).

__ (i) Alternate I (DEC 2007) of 52.223-16 X__ (28) 52.225-1, Buy American Act—Supplies (JUNE 2003) (41 U.S.C. 10a-10d) __ (29) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, 109-53 and 109-169).

__ (ii) Alternate I (JAN 2004) of 52.225-3.

__ (iii) Alternate II (JAN 2004) of 52.225-3.

__ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X __ (31) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (32) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42.U.S.C. 5150) __ (33) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C.

5150) __ (34) 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)).

__ (35) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X __ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

__ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration

(MAY 1999) (31 U.S.C. 3332).

X __ (38) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

__ (39) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (40)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)

(46 U.S.C. App. 1241 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:

[Contracting Officer check as appropriate.] X __ (1) 52.222-41, Service Contract Act of 1965, as Amended (Nov 2007) (41 U.S.C. 351, et seq.).

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

X __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (MAY 1989) (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 (FEB 2002) (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…