10_Border_Traffic_Consulting_Services_-_RFP_Contract_and_SOW.pdf

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

1. Purpose of Contract and Description of Services The General Services Administration (GSA) is seeking contractors to provide studies to recommend land port of entry (LPOE) sizing analysis and design review modeling. The contractor will be responsible for providing technical reports identifying the size of inspections facilities required for a given LPOE based on projected traffic and baseline processing times developed by the contractor.

The specific services required by the contractor are dependent on requirements of task orders. The contractor shall be able to respond rapidly on an as-needed basis throughout the contiguous United States. All work will be performed based on task orders issued in accordance with this contract.

2. Place of Performance The work under this contract may be required to be performed throughout the contiguous United States, Alaska, Hawaii, and all off-shore United States territories and possessions.

3. Contract Type/Duration This contract is a multiple-award, performance-based Indefinite Delivery Indefinite Quantity (IDIQ) contract against which task orders will be issued on a firm-fixed basis. The contract will consist of one base year, extending one full year from the date of contract award plus four (4) one-year options.

4. Contract Task Orders A. All contractor services will be authorized through the issuance of task orders as necessary to fulfill the Government’s requirements. Task orders will be issued using the GSA Form 300, titled “Order for Supplies and Services”. Attachments forming part of each contract task order may also be used for lengthy statements of work, etc. The labor rates established in the awarded base year and option years shall be used for pricing all task orders. Rates for disciplines not included in the contract will be evaluated at the time of task order solicitation and may be required to be incorporated by modification to this base contract before being used in subsequent contract task orders. The negotiated level of effort for each required job discipline, travel (if authorized), allowable other direct costs (per Section F), and any other terms agreed upon by the parties as authorized by this contract shall be used to develop firm fixed prices for each task order.

B. The contractor shall not change, modify, or alter the terms, conditions, or other services or deliverables, including personnel approved by the Contracting Officer (CO) or Designated Ordering Official, agreed to during negotiations, after a task order has been issued.

5. Instructions – Offeror’s Price Proposal/Schedule A. The Contractor shall specify the labor disciplines required to perform the task requirements in the sample project. The hourly rates for each labor discipline will be used for pricing task orders in the current contract period that the task order is issued.

B. The hourly rates proposed by the contractor and accepted at contract award are to be fixed for the duration of this contract.

C. Requirements for labor disciplines and/or allowable Other Direct Costs not listed in this contract, or for related special services, are classified as “Additional Services” that may be ordered, in accordance with Sections C (Consultants, Subcontractors and Special Services). Such services may be required by the Government and may be added through contract modifications under the “Changes” clause for this contract.

D. In developing the required hourly rates, the contractor must include the following for the successful performance of all services and deliverables as ordered under this contract: All management, supervision, labor, internal quality control, subcontractors, supplies, materials and equipment, including, all indirect (overhead) and other costs such as supplies, communication, fax, and telephone equipment and services (including mobile or cellular and long distance charges); equipment, cameras, computers (including desk top, portable), computer software and hardware, facilities, offices, insurance, taxes, all allowable travel and travel-related costs not identified at Section F of this contract as allowable Other Direct Costs; furniture, home office, and satellite or area office support; recruitment, hiring, dismissal, and any associated costs of employees, contractors, subcontractors, and consultants; all indirect labor or payroll costs (including all payroll overhead costs, fringe benefits, severances, etc.); carrier/messenger services, insurance and reasonable profit. The fixed hourly rates shall include all allowable indirect costs, excluding those costs that are identifiable to specific projects or cost objectives and are otherwise in accordance with the cost principles of FAR Part 31. Price increases will not be granted for any alleged omissions or miscalculations of contract pricing. There will be no payments (escalation) for overtime worked under this contract.

E. Offerors are cautioned that any offer may be rejected as non-responsive if it is materially unbalanced as to price. An offer is unbalanced when it is based on prices which are significantly understated for some rates and prices which are significantly overstated for other rates.

F. The total evaluated price is solely for evaluation purposes of the contractor’s offer and does not correlate with the total contract value and does not guarantee a specific amount of services to be purchased by the government. Likewise, the estimated GSA man-hour quantities for the labor disciplines are for evaluation purposes only and do not guarantee that the government will purchase the corresponding number of hours or labor disciplines.

6. Price Schedule See Section J, Attachment 1: Price Schedule.

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1. Basic Services This is a performance-based indefinite delivery indefinite quantity (IDIQ) contract for traffic analysis that includes sizing analysis and design review modeling studies at Land Ports of Entry (LPOE) and other locations. The contractor shall plan, schedule, coordinate and ensure9 the full, effective, successful, and economical performance of all services ordered under this contract. Such services include, but are not limited to

Development of a processing baseline of CBP inspection functions

Review of historical crossing statistics and regional traffic modeling (In the US and Mexico) to identify a projected growth curve and out-year traffic projection

Model existing LPOE to develop a capacity model for the primary booths, secondary inspection facilities, and other inspection functions within the port

Develop a matrix of required facilities to meet the service goals for CBP in the out year.

Develop a micro simulation of the existing port with additional facilities as defined above, and

Develop micro simulations of proposed designs with anticipated traffic counts to assess the functionality of proposed designs.

2. History and Background Information The General Services Administration (GSA), Federal Highways Administration (FHWA), and Customs and Border Protection (CBP) developed a traffic modeling application called BorderWizard to assist in developing the facility size of LPOEs in the 1990s. In addition the BorderWizard contained a micro simulation application that allowed a design for a LPOE to be entered and viewed with an animation so turning radius and traffic flows could be analyzed. In the years since the BorderWizard was developed there has been significant improvements to “off the shelf” traffic modeling programs.

The GSA wishes to update the modeling system utilizing commercially available macro and micro simulation software to satisfy the required traffic analysis.

Past Land Port Capital Projects Requiring Traffic Consulting Services:

Jackman, ME

Description: The total replacement and expansion of a 1960’s facility, from 12,000 to 60,000 SF and added 1 commercial, 1 POV and 2 outbound inspection lanes from a previous total of 3 to 7.

Role of Consultant: Conduct BorderWizard analysis.

Deliverable Produced by Traffic Consultant: Summary of available inbound traffic and the creation of a baseline report to establish the required number of inspection lanes.

Massena, NY

Description: The total replacement and expansion of a 1950’s facility, from 13,000 to 66,000 SF and added 2 commercial and 2 POV lanes from a previous total of 6 to 10. Expansion resulted in the reconstruction of traffic circle maintained by the NY DOT.

Role of Consultant: Conduct BorderWizard analysis.

Peace Arch, WA

Description: The total replacement and expansion of a 1970’s facility, from 39,000 to 90,000 SF, adding 1 inbound and 3 outbound primary POV lanes from a previous total of 9 to 14.

The port does not process commercial traffic. This project also included the establishment of 20 outbound secondary inspection lanes. Expansion resulted in a good deal of interstate highway reconstruction and coordination with Washington DOT.

Role of Consultant: Conduct BorderWizard analysis.

Paso del Norte, TX

Description: The renovation and expansion of a 1960’s facility, from 76,000 to 137,000 SF and added 2 additional inbound POV lanes for a total of 11 and an international bus lane. A large POV only facility, much of the existing plaza was reconfigured to improve the flow of traffic, rather than adding additional lanes.

Role of Consultant: Conduct BorderWizard analysis.

Nogales, AZ

Description: The total replacement, reconfiguration and expansion of a 216,000 SF 1970’s era facility in two phases. Project included the separation of commercial and non commercial traffic in order to improve efficiency and safety.

Role of Consultant: Conduct BorderWizard analysis.

San Ysidro, CA

Description: This is a three phase reconfiguration and expansion of the largest border crossing in North America, which only processes POV traffic. This is a renovation and expansion of a 1970’s facility, from 189,000 to 295,000 SF, adding 14 inbound lanes for a total of 34, and establishing 12 outbound inspection lanes.

Role of Consultant: Conduct BorderWizard analysis.

Future Projects Envisioned Requiring Traffic Consulting Services

A.

Description: A scenario similar to a past project where an obsolete land port is replaced, expanded or renovated.

Role of Consultant: The traffic consultant will need to evaluate and analyze existing and projected traffic data

Deliverable: A baseline report that can determine the number of lanes needed for efficient traffic flow.

B.

Description: A scenario in which an entirely new land port is constructed in an urban setting in close proximity to other ports

Role of Consultant: The traffic consultant will need to evaluate and analyze the performance of all nearby land ports, considering commercial, pedestrian and non commercial aspects.

Deliverable: A report that is capable of incorporating multiple facets of data from multiple sources while able to produce a report that not only evaluates lane distribution, but can also make specific recommendations such as traffic relocation, port closure and or port expansion at other nearby locations, as well as the ability to estimate wait times.

C.

Description: A scenario in which an entirely new land port is constructed in a rural setting a great distance from other ports

Role of Consultant: The traffic consultant will need to consider the out year potential for traffic growth while considering the traffic increase in the event of port relocation.

Deliverable: A report that is capable of considering traffic shifts in transportation corridors where the primary population centers are a great distance from the proposed land port.

D.

Description: A scenario in which a foreign port is expanded and there are no plans to modify U.S. Port

Role of Consultant: The traffic consultant would be tasked with evaluating any potential impact to the U.S. port.

Deliverable: A summary report detailing any adverse impacts to the U.S. Port.

E.

Description: A scenario in which an international joint venture in port expansion or renovation is planned.

Role of Consultant: The traffic consultant would be tasked with assessing the traffic impacts on both sides of the border.

Deliverable: A report that has the capabilities of analyzing cross border traffic flow, with the ability to establish projected wait times on both inbound and outbound traffic.

3. Standards The following standards, guides, and materials are incorporated into this contract by reference. All or appropriate portions thereof, will be made available after award, as applicable to the contract or task order, upon written request by the contractor, unless available to the contractor by the contactor’s purchase (at no additional cost to the Government) or from other sources such as the internet. The contractor shall become familiar with and use the versions/revisions in effect as of the effective date and performance period of each task issued under this contract. The contractor is required to comply with the policies and procedures set forth in all such references.

a. Federal Acquisition Regulation (FAR) 48 CFR, Volumes 1 and 2.

b. General Services Administration Acquisition Regulation (GSAR) 48 CFR 5.

c. Land Port of Entry Design Standard (current version)

d. Environmental Protection Agency regulations e.

4. Definitions In addition to the definitions of Federal Acquisition Regulation (FAR) Part 2 and FAR 52.202-1, the following words or terms and their definitions, as used in this contract are as follows:

a. Contracting Officer (CO) –- Refers to a person with the authority to enter into, administer, and/or terminate contracts and makes related determinations and findings.

b. Designated Ordering Official – Refers to a person who has been delegated the authority to issue task orders against this IDIQ contract. Each Designated Ordering Official shall have the authority to enter into, administer, and/or terminate contracts and makes related determinations and findings.

c. Contracting Officer’s Representative (COR) – Refers to a Government official appointed to assist the Contracting Officer in the administration of this contract. The responsibilities of the COR will be designated in writing and a copy of the appointment letter will be provided to the contractor.

d. Government Technical Lead – Refers to an appointed official to serve as the main technical point of contact for task orders. The Government Technical Lead will manage the task orders on behalf of the Government.

e. GSA – United States General Services Administration

f. NTE – Not to Exceed

g. NTP – Notice to Proceed

h. Contractor -- The contractor is the professional firm that has executed this contract between the contractor and GSA.

5. Contractual Relationships The contractor shall not accept any direction related to contractual changes from the customer agency, building occupants, building management, or any other project, contract or agency personnel. Communication with all such individuals shall be coordinated through the COR. In the event that appropriate information cannot be obtained from the COR, contact the CO. All procurement inquires made by potential offerors, media, or other personnel shall be directed to the CO for the particular solicitation or project.

6. Key Personnel and Program Manager Key Personnel are those professional personnel who have major project responsibilities and/or provide unique capabilities in relation to the services to be provided under this contract. All Key Personnel shall be employed by the contractor or subcontractor as accepted by the Government at the time of the award of each task order. The Government may establish the qualifications of Key Personnel for individual task orders as appropriate to the scope of services to be accomplished.

The Key Personnel shall share the mutual goals for accomplishing the contractor’s successful execution of all services required under this contract in a cost-effective, streamlined, responsive, responsible and flexible manner.

The contractor has the flexibility to designate the Key Personnel for individual task orders on a per task order basis provided they meet the qualifications established for each task order; however, under this contract the contractor shall designate a Program Manager who will serve in this role for the duration of the contract. The Program Manager’s role is to coordinate and manage the day-to-day operations of the team. The responsibilities of the Program Manager include, but are not limited to:

oversight of the activities conducted by the team leads, managing and coordinating deliverables, supporting the entire life cycle of task orders, coordinating and reviewing schedules and activities, communicating with the Government and its stakeholders, and providing status reports, invoice summaries, and project reports (as required by the task orders). The Program Manager shall possess the following minimum requirements, knowledge, experience, education, skills, and abilities:

(1) At least 10 years of experience conducting:

a. Geometric dimensioning of roads, traffic lanes, pedestrian lanes/queuing areas, ramps, and parking/queuing areas for POV and commercial vehicles.

b. Traffic capacity analysis of vehicular and pedestrian traffic systems including Land

Ports of Entry, parking areas, vehicular toll and revenue collection systems.

c. Demand forecasting, computer modelling and traffic simulations for existing and proposed improvement alternatives.

(2) A Bachelor’s degree, or higher, from ABET (Accreditation Board for Engineering and Technology) accredited university.

(3) A licensed Professional Engineer (PE) in at least one state in the 50 United States.

7. Changes to the Key Personnel

a. There shall be no changes to the Program Manager during the entire term of this contract without first submitting to the CO in writing the detailed experience of the proposed substitution (and firm, as appropriate) for the CO’s approval. A proposed substitution shall possess, at a minimum, the qualifications and experience equal or greater to the Program Manager proposed to be replaced. No changes shall be made until or unless the CO’s written approval is issued by modification to this contract. No increase in the firm-fixed price for any substitution will be allowed when substitution is authorized. If the CO requests cost data (defined at FAR Part 31), the contractor shall provide sufficient evidentiary and cost data of the actual salary rate, overhead or other costs paid to support the then current Program Manager, and a reduction may be decreased accordingly by modification.

b. Repeated failure or excessive delays by the contractor in providing qualified personnel who meet the stated requirements of task orders, or do not utilize the Key Personnel for services related to specific labor discipline, may be deemed sufficient reason by the COR to recommend termination for default to the Contracting Officer for work under this contract.

The Government may request additional resumes, data, information, including interviews regarding all contractor proposed personnel or subcontractors not part of the Key Personnel accepted at the time of task order award.

c. Personnel whose performance is judged to be unacceptable by the CO or COR shall be promptly removed from assignment to a project or task order and promptly replaced with qualified personnel upon request and approval from the CO or Designated Ordering Official.

All actions by the Government or the Contractor with regard to release of unqualified personnel shall be in writing.

d. The Government may choose to establish Key Personnel on specific task orders; in that instance, the resume(s) of the Key Personnel will be considered part of the task order and shall support the task order until its completion. Any changes to task order Key Personnel require approval of the Contracting Officer. Any delay in the contractor proposing new Key Personnel may result in a credit to the task order.

8. Consultants, Subcontractors, Special/Additional Services

a. Additional Services Consultants, contractors, subcontractors and services needed for specific special services or activities that are not priced or included in this contract (at the time of award) shall be acquired by the contractor as Additional Services, and firm fixed prices for such services may be negotiated and incorporated into this contract or specific task order by modification, at the CO’s option.

b. Additional Services in Excess of $3,000. When Additional Services are requested by the Government (that are not included in this contract), and the cost of such services will exceed the $3,000, the contractor shall develop the requirements and obtain at least two independent, itemized fixed-price proposals from competent firms, laboratories, or specialists in the vicinity of the performance of work or services. The proposals and a copy of the requirements shall be forwarded by the contractor to the CO or Designated Ordering Official with an appropriate award recommendation. If satisfactory to the Government, a task order will be issued to the contractor authorizing the services. The contractor will not be allowed markup, any profit or overhead on any consultants or subcontractors performing under this contract; however, the contractor may be allowed effort to oversee or review the work of the consultants during the period that services are provided. If a minimum of two competitive proposals (as defined by the FAR) from qualified source(s) are not obtained by the contractor, the requirements of contract cost principles and procedures prescribed in FAR Part 31 shall be followed and applicable to the requirement for cost or pricing data and the development of all proposals. When the submission of cost or pricing data is required, the contractor or applicable subcontractor shall execute and submit a Certificate of Current Cost or Pricing Data.

9. Inherently Governmental Functions This contract requirement shall be provided to all contractor personnel, subcontractors, and contract personnel performing under this contract. Inherently Governmental function is defined as a function that is so intimately related to the public interest as to mandate performance by Government employees. These functions include those activities that require either the exercise of discretion in applying Government authority or the making of value judgments in making decisions for the Government. Governmental functions normally fall into two categories:

The act of governing, i.e., the discretionary exercise of Government authority

Monetary transactions and entitlements

Inherently Governmental functions do not normally include gathering information for or providing advice, opinions, recommendations, or ideas to Government officials. The contractor, all consultants, subcontractors, and personnel performing under this contract shall not perform any function defined as inherently Governmental in accordance with FAR 7.5.

SECTION D

PACKAGING AND MARKING

1. Payment of Postage and Fees All postage and fees related to submitting information, including but not limited to, forms and reports to the CO, COR or the Government Technical Lead, shall be paid by the contractor

2. Marking All information submitted to the Government must be clearly marked to show the identification number of the contract and/or the applicable task order.

3. Packaging The contractor is responsible for protecting all reports, models, and any other submissions transmitted to the Government. The contractor is also responsible for packaging its submissions in a manner to preclude damage during shipping and handling.

SECTION E

INSPECTION AND ACCEPTANCE

1. Contractor’s Quality Control Plan The successful Contractor will be solely responsible for the quality of services provided under this contract. The successful Contractor shall utilize a Quality Control (QC) system to ensure services are completed in accordance with contract requirements. The successful Contractor will be required to submit a Quality Control plan within 14 days of contract award that, at a minimum, addresses how the Contractor will ensure the professional quality, technical accuracy and coordination of all basic services and deliverables required under this contract. The QC operation must be described in a written plan maintained and made available to the Contracting Officer’s Representative. The initial plan and all revisions must be approved by the Contracting Officer prior to implementation. The Quality Control Plan is considered a living document and shall be maintained and revised throughout the life of the contract as deemed necessary by the Contractor or the Contracting Officer. In addition, a Quality Assurance Plan (QAP) will be required by the successful Contractor for each task order issued under this contract. The QAP will:

a. Include a brief general description of the project to provide context for the QAP.

b. Describe in detail the QA processes to be used and when they will be used. For each of the cited checkpoints, provide a high level overview of who will be involved, criteria to be used in evaluation and who will review/approve the results.

c. Cite any reference material used in developing the plan such as methodologies, tools, or best practice material.

d. Identify the methodologies to be used and standards to be applied to the projects and deliverables.

e. Describe the review processes that will be used to verify the quality of project work processes and project work products. Include details on assessments or reviews, when they will be conducted, who will conduct them, scope of review, success criteria, QA reporting formats and review processes.

f. Identify the QA deliverables and timelines associated with those deliverables. For each checkpoint, include information such as the checkpoint name, lead QA resource, QA deliverable and planned start and end dates.

g. Provide a high level description of planned procedures to track and resolve problems or issues identified in the project processes and/or products detected in the QA reviews.

2. Government Quality Assurance The Government will develop a Performance Requirements Summary to perform surveillance of contractor performance under each task order. This form will be tailored to each task ordered issued.

The Government reserves the right to include other methods of surveillance including Customer Input, Random Sampling, Periodic Inspection, Monthly Reviews and any others deemed necessary to ensure quality services. Non-satisfactory performance will be documented on a Performance Assessment Report copy will be provided to the Contractor.

3. Government Reviews

a. Under this performance-based contract, reviews and approvals performed by the Government in connection with the services provided by the contractor will be performed from the standpoint of the management, owner, contractual, and regulatory responsibilities of the Government, and not from the standpoint of providing quality control technical reviews to support contractor efforts. The Government reviews will be general in nature. The detailed verification and review of services, sufficiency, and coordination is the sole responsibility of the contractor. The Government will insist on high quality professional and technically accurate performance by the contractor under this contract. It is intended that solutions shall flow from the contractor and not be directed by the Government. If deliverables or services are rejected because they do not meet the minimum requirements as set forth in this contract and its Standards and other references, clauses, terms and conditions, the contractor may be held liable for damages (additional review, and administrative costs) which the Government incurs.

b. The Government will evaluate the contractor’s performance on each task order (or major phase of a task order). The evaluation will consider factors such as technical accuracy, completeness, cooperation, coordination of the work of various employees, subcontractors, disciplines, management, schedule compliance, cost control, cost estimate accuracy, and general quality of the services provided. These performance evaluations will be utilized to provide documentation for actions concerning poor or unacceptable performance, to determine whether the contractor should be considered for future contracts. The COR is responsible for the performance of inspections of deliverables upon receipt by the Government and/or evaluations of services completed, documentation of every inspection/evaluation, and providing the contractor with copies of all inspection/evaluation reports. Other Federal agencies may also refer to these contractor performance evaluations in selecting management and related services firms for their contracts and projects.

c. Each task order will include a task and/or performance schedule for the services to be provided or delivered. The contractor’s failure to diligently execute the work to meet the required task or performance date(s) is grounds for termination of the contract in accordance with the Termination clauses of this contract. The task order schedule may be changed by the CO or Designated Ordering Official by modification to the task order, if the CO or Designated Ordering Official determines that performance was delayed due to causes beyond the control and without the fault or negligence of the contractor. The Government retains the right to seek and obtain recovery for loss to the Government and the public.

Acceptance of deliverables accomplished will occur when the Contracting Officer or Designated Ordering Official approves the payment request(s).

4. Contractor Performance Information

a. Evaluating Contractor Performance: The General Services Administration is using the Contractor Performance Assessment Reporting System (CPARS) module as the secure, confidential, information management tool to facilitate the performance evaluation process.

CPARS enables a comprehensive evaluation by capturing comments from both GSA and the contractor. The website for CPARS is http://www.cpars.gov

Completed CPARS evaluations are sent to the Past Performance Information Retrieval System (PPIRS) which may then be used by Federal acquisition community for use in making source selection decisions. PPIRS assists acquisition officials by serving as the single source for contractor past performance data.

b. CPARS Registration: Each award requiring an evaluation must be registered in CPARS.

The contractor will receive several automated emails. Within thirty days of award, the contractor will receive an e-mail that contains user account information, as well as the applicable contract and order number(s) assigned. Contractors will be granted one user account to access all evaluations.

c. Contractor CPARS Training: Contractors may sign up for CPARS training. A schedule of classes will be posted to the CPARS training site (http://www.cpars.gov//allapps/cpcbtdlf.htm) and updated as needed.

d. Contractor Representative (CR) Role: All evaluations will be sent the Contractor

Representative (CR) named on your award. The CR will be able to access CPARS to review and comment on the evaluation. If your CR is not already in the CPARS system, the contracting officer will request the name and email address of the person that will be responsible for the CR role on your award.

http://www.cpars.gov/ http://www.cpars.gov/allapps/cpcbtdlf.htm

Once an evaluation is ready to be released the CR will receive an email alerting them the evaluation is ready for review and comment. The email will indicate the time frame the CR has to respond to the evaluation; however, the CR may return the evaluation earlier than this date.

GSA shall provide for review at a level above the contracting officer (i.e, contracting director) to consider any disagreement between GSA and the contractor regarding GSA’s evaluation of the contractor. Based on the review, the individual at a level above the contracting officer will issue the ultimate conclusion on the performance evaluation.

Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file.

5. Clauses (SECTION E)

Clauses Incorporated by Reference:

FAR 52.246-4 Inspection of…. (Aug1996)

SECTION F

DELIVERIES AND PERFORMANCE

1. Contract Period and Options to Extend Contract Term

a. The contract is effective from the date of award for a period of one full year. The effective period can be extended at the sole discretion of the CO for an additional four (4) years by exercising each of the four (4) one full year option periods making the potential total duration of the contract a maximum of five (5) years. Written notice of the Government’s intent to extend the contract will be issued by the CO at least sixty (60) days before the contract expires.

b. All terms and conditions contained in this contract shall apply to each option period exercised. The exercise of options is a Government prerogative, not a contractual right on the part of the contractor. If the Government exercises the option(s) within the prescribed time frames, the contractor shall be bound to perform the services for the option period(s) or be subject to the default provisions and clauses of this contract. Options shall be exercised upon written notification (mailed or otherwise furnished) to the contractor prior to the expiration of the contract period. Work on issued task orders may extend beyond the contract effective period. (The effective period runs from the contract award date to the end of the last exercised option year). However, no new task orders may be issued once the contract period of performance has expired.

c. Whether an option will be exercised will be based on the Government’s need for the contract services and on the level of the contractor’s overall performance, quality of services, and responsiveness to the Government’s needs.

2. Issuing Task Orders

a. Requests for Proposals. When the need arises for services under this contract, the Government will issue a Request for Proposal (RFP) relating the Government’s strategic plan, the Statement of Objectives; description of the problems(s) that need solving, the desire outcomes and the success criteria. The RFP will include the due date of the technical and price proposal. The proposal shall include a performance work statement (statement of work), performance measures and price. Upon the Government’s receipt of a proposal, the Government may issue a task order without discussions if the CO or Designated Ordering Official determines that (1) the proposal is in conformance with this contract’s requirements and (2) determines that the costs are fair and reasonable to both the Government and the contractor without negotiations. Each task order under this IDIQ will be competed among the IDIQ contract holders. Fair opportunity will be given to all offerors submitting a proposal in response to the RFPs issued under this IDIQ contract. The awarded contractor is required to perform the work under task orders issued by the Government within the scope of this contract. However, if the contractor disagrees with the terms or conditions, the contractor has the right to file a claim or appeal under the Disputes clause of this contract to the CO within the number of days specified from the Government’s receipt of the proposal or five (5) work days whichever is greater.

b. Proposals. All proposals submitted to the Government in response to an RFP shall be submitted not later than the date specified which may typically be within 7 business days from the date of the RFP. The labor disciplines and firm-fixed priced hourly rates shall be used to compute the fee for labor costs on the proposed level of effort and allowable Other Direct Costs may be proposed in accordance with Section 3 below.

As a part of the task order proposal, the contractor may be required to submit for approval the qualifications of personnel not included as a part of the Key Personnel under this contract.

Once personnel are named and approved for a specific task order, it is critical that staff continuity be maintained by the contractor. While it is recognized that changes in personnel may be unavoidable, proposed substitutions are undesirable and will be subject to the Key Personnel change process detailed in Section C.6.

c. Negotiated Task Orders. Upon receipt and evaluation of the proposal, the Government and contractor shall conduct negotiations as may be required. When agreement is reached on the services to be performed, the fee, the task schedule, etc., the Government will issue a task order reflecting the agreed terms and the effective notice-to-proceed (NTP), if the NTP is not the date the task order was issued. In the event that an agreement cannot be reached on the terms of the task order, the Government may issue the task order as a unilateral action of the Contracting Officer (CO) or Designated Ordering Official, based on terms established by the Government. If, in the opinion of the Government, the contractor has unreasonably failed to agree during negotiations with regard to the level of effort, fee, or other terms and conditions related to the requested or ordered services, or the terms of this contract, the Government may terminate the contract in accordance with the Termination clauses of this contract.

d. Task orders for Government Urgencies. When the Government’s interests demand that services commence immediately, and there is insufficient time to issue a fixed-price task order, a task order may be issued with a Not-to-Exceed (NTE) amount shown for some or all of the services requested. In such cases, the contractor shall immediately prepare and submit an appropriate detailed fee proposal (defined above) for all such services to the CO or Designated Ordering Official within seven (7) calendar days. The NTE amounts may or may not represent the final amounts to be paid or the maximum amounts to be paid, but instead, represent funding ceilings that have been established until such time that the amounts can be converted to firm-fixed prices. The intent is not to reimburse the contractor for actual costs incurred after the services are complete, but rather to convert the NTE amounts to fixed prices as quickly as possible, but within a maximum of 30 days from the date the NTE task order is issued, or prior to completion of 50 percent of the work, whichever occurs first. Upon receipt of the contractor proposal, the Government will promptly review it, conduct negotiations as may be required, and issue a modification to the task order to convert all costs to a firm-fixed price. In the meantime, the contractor shall ensure that the accrued costs do not exceed the NTE amounts, as the Government is not obligated to pay more than the NTE amounts.

3. Other Direct Costs

All other direct costs to be paid under this contract shall be in accordance with this solicitation, and shall be negotiated firm-fixed prices based on the effective period as of the date the task order is issued, for the entire performance period of a task order. Other direct costs are those costs that are directly related and identifiable to the performance of services and deliverables ordered under each task order issued. The contractor is required to provide its own computer equipment and software adequate to fully satisfy all operational and performance requirements of this contract and task orders. All indirect costs shall be considered in developing the price proposal as no reimbursement is authorized for such items after award of the contract. The application of mark-ups and/or profit is not allowed on travel or travel related costs.

a. Travel and Travel-Related Costs All travel and travel-related costs are subject to and shall be in accordance with FAR 31.205-46 and the Federal Travel Regulations (FTR) incorporated herein. The per diem rate tables are available for the contractor’s use on the internet at http://www.gsa.gov/travel.html. A firm-fixed price for all travel and travel-related costs, required for the performance of services ordered, will be negotiated in advance for each task order when appropriate. This negotiated firm-fixed price for allowable other direct cost(s) will be incorporated into the task order and will be based on, up to but not greater than, current prevailing rates in effect at the time the order is issued and in accordance with this contract. Travel-related costs may include miscellaneous travel items such as taxi fares http://www.gsa.gov/travel.html and excess baggage for transportation of contractor furnished tools incurred for official business in the performance of a task order. In addition, all travel by privately owned vehicle outside of the local office areas will be reimbursed based on Federal Travel Regulations mileage rates, unless specified otherwise. Travel costs will only be considered if the travel is outside a 50 mile radius from the contractor’s base of operations. When issuing travel related costs as a firm fixed price is not appropriate, a Not to Exceed (NTE) amount for travel may be authorized. When a NTE amount for travel is specified for travel in a task order, final firm-fixed costs will be based on the actual costs incurred as long as they are in accordance with the Federal Travel Regulations and are backed up with receipts. The Government and the contractor shall endeavor to convert all NTE travel amounts to a firm-fixed price prior to completion of a task order. The contractor shall submit copies of all associated travel-related receipts upon the CO’s or Designated Ordering Official’s request when such costs are issued as a NTE. No travel or travel-related costs initially issued as a NTE will be reimbursed or paid by the Government without the contractor’s provision of appropriate receipts for travel-related costs incurred up to the date such costs are converted to a firm-fixed price.

b. Other Direct Costs (ODC) (Other than Travel-Related) In addition to the travel and travel-related costs above, the Other Direct Costs that will be allowed (and not otherwise furnished by the Government in accordance with this contract) and negotiated for any task order issued includes the following items that are directly related and identifiable to the performance of services and deliverables ordered.

4. Clauses (SECTION F)

Clauses Incorporated by Reference:

FAR 52.242-15 Stop Work Order (Aug 1989)

SECTION G

CONTRACT ADMINISTRATION DATA

1. Contract or Task Order Modifications, Changes or Revisions

The Government shall not be liable for any costs due to modifications, changes or revisions to this contract or any task order issued under this contract, from the requirements and prices originally negotiated and agreed to, unless accepted by the Government as provided below. A modification to a task order may be issued at any time by the Government to change the requirements of the task order. The contractor is not to assume any adjustments to this contract or a task order in any form, until or unless a written modification is issued.

a. Task Orders – Only the Contracting Officer shall have the authority to modify a task order.

Any requests for modifications, changes or revisions to a task order received from the contractor shall be referred to the CO for review. Acceptance by the Government for any modifications, changes or revisions to a task order are approved and processed by the CO, in writing, upon the issuance of a modification.

b. Contract - Only the CO shall have the authority to modify this contract. Any requests for modifications, changes or revisions to this contract received from the contractor shall be referred to the Contracting Officer or COR for review. Acceptance by the Government for any modifications, changes or revisions to this contract are approved and processed by the CO, in writing, upon the issuance of a modification on SF 30.

c. All modifications (to either task orders or this contract) are subject to this contract, FAR Part

43, and FAR 52.243-1 CHANGES - FIXED-PRICE- ALTERNATE III.

2. Requirements for Prompt Payment Meetings and Submission of Invoices

a. All payments will be made on individual task orders as work proceeds and is completed, upon submission of an acceptable and proper invoice. The contractor shall participate in pre-invoice payment inspection meetings or discussions with the task orders designated COR, before the contractor submits any payment request. The purpose of a payment inspection meeting is for the contractor and Government to agree on the progress (based on percentage of completion of the work ordered), or other payment that is due, the Government’s acceptance of deliverables and/or services delivered, and to help assure that payment is expedited once a proper invoice is received by the CO or Designated Ordering Official. The contractor shall not submit an electronic invoice (for Electronic Funds Transfer (EFT)) until after the required payment inspection meeting is conducted. These payment inspection meetings may be conducted in person or by telephone.

b. If the contractor and COR do not reach an agreement on the amount that is due during the payment inspection meeting, the Government will make payment on the contractor's proper invoice, based upon the results of the Government inspection, in an amount of no more than the Government's estimate of the amount due. The balance of the contractor's payment request will remain in dispute and will not be subject to any late penalty, until such time that an invoice including the disputed amount, is resubmitted and agreement is reached with the COR/contractor on any payment amount being due. The Government may require documentation in support of the contractor’s claimed amounts due before the issuance of any progress or final payments under individual task orders.

c. Payments will normally be made within 30 calendar days after receipt of a proper invoice by the Government, and will be processed in accordance with this contract. If the invoice is defective (see Clauses FAR 52.232-25 Prompt Payment and GSAR 552.225-32, Invoice Requirements), it will be returned to the contractor for appropriate action. If there is a disagreement over the payment amount, the Government may pay the portion of the requested payment that is not in question. Contract award is subject to the contractor’s active and current registration in the Central Contractor Registration at http://www.ccr.gov.

The contractor shall ensure that active registration is maintained during the entire term of this contract. Part of this requirement provides for the information necessary to permit all payments under this contract to be made by Electronic Funds Transfer (EFT).

3. FAR 52.232-1 Payments (Apr 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if—

a. The amount due on the deliveries warrants it; or

b. The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.

4. Final Payments The contractor shall submit a Release of Claims and final invoice within 60 days of task order expiration.

Before final payment is received the contractor shall submit the Release of Claims form.

5. Maximum Ordering Limitation and Guaranteed Minimum The Maximum Ordering Limitation (MOL) of orders under this contract is $2,000,000 for the base year and for each of the four one-year option periods (if exercised by the Government) for a total of $10,000,000. The balance of any unused MOL from each period may be carried forward to the next option year at the discretion of the Government. Therefore, each of the four option years’ MOL may exceed $2,000,000. Each option years’ MOL will be identified when the option is exercised. The guarantee minimum value of task orders issued under this contract is $1,000 for the initial base year.

There is no guaranteed minimum for each of the four one-year option periods (if exercised by the Government). If the contractor receives a task order, a unilateral modification will be issued to de-obligate the minimum guarantee from the base contract. If the contractor does not receive a task order prior to contract expiration, they may submit an invoice for the minimum guarantee amount immediately following the end of the base year.

http://www.ccr.gov/

SECTION H

SPECIAL CONTRACT REQUIREMENTS

1. Insurance

The contractor, including the contractor’s subcontractors, consultants, and contract personnel, shall maintain, at no additional cost to the Government, all insurance coverage, in prescribed and reasonable amounts necessary for the conduct of services and personnel under this contract, and in compliance with federal, state and local laws, to include Federal and State Worker’s Compensation and occupation disease statutes, Employer’s Liability, General Liability, Professional Liability, and Automobile Liability, Comprehensive, and Personal and Property coverages.

Each copy of insurance shall adhere to the following:

a. The policy should name “The United States of America, acting by and through the General Services Administration, as an additional insured pursuant to GSAM 552.228-5.

b. With respect to cancellation, the certificate should provide for at least 30 days notice prior to the effective date of cancellation pursuant to FAR Clause 52.228-5(b).

c. The contract/task order number shall be referenced in the certificate.

The Contracting Officer or Designated Ordering Official at the task order level shall ensure insurance requirements are addressed at the order level in accordance with FAR 52.228-5 and as prescribed in

FAR 28.310.

2. Security Clearances

All contractor personnel, subcontractors, and contract personnel that will be required to enter onto a…