IBM09C0002-Draft Contract Part-2of2.pdf

IBM09C0002 SECTION B

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 CONTRACT TYPE

This is a Firm-Fixed Price, Indefinite-Delivery, Indefinite-Quantity (IDIQ, multiple award contract.

Five Thousand Dollars ($5,000.00) establishes the base indefinite delivery, indefinite quantity task order contract. It reflects the minimum dollar amount allowed under this contract should no task orders be placed against this contract. It is also the dollar amount that will be applied to the task orders until it is exhausted. Once this dollar amount is exhausted, each task order thereafter shall be individually funded.

(End of Clause)

B.2 SCHEDULE

CLIN Contract DESCRIPTION PERIOD of

PERFORMANCE

QTY UNIT Not to

Exceed Amount

1 BASIC

Firm-Fixed Price IDIQ contract(s) with no pre-established fixed contract price for Environmental Services as described in Section C., "Statement of Work"

March 1, 2009 - March 31, 2010

2 OPTION 1

Firm-Fixed Price IDIQ contract(s) with no pre-established fixed contract price for Environmental Services as described in Section C., "Statement of Work"

April 1, 2010 - March 31, 2011

3 OPTION 2

Firm-Fixed Price IDIQ contract(s) with no pre-established fixed contract price for Environmental Services as described in Section C., "Statement of Work"

April 1, 2011 - March 31, 2012

4 OPTION 3

Firm-Fixed Price IDIQ contract(s) with no pre-established fixed contract price for Environmental Services as described in Section C., "Statement of Work"

April 1, 2012 - March 31, 2013

5 OPTION 4

Firm-Fixed Price IDIQ contract(s) with no pre-established fixed contract price for Environmental Services as described in Section C., "Statement of Work"

April 1, 2013 - February 28, 2014

[END OF SECTION]

IBM09C0002 SECTION C

SECTION C - DESCRIPTION/SPECIFICATION/WORK STATEMENT

This contract incorporates the following attachments by reference, with the same force and effect as if they were given in full text.

C.1 See Attachment J-1: “IBM09C0002-Statement of work”

IBM09C0002 SECTION D

SECTION D - PACKAGING AND MARKING

D.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

CLAUSE

NUMBER DATE TITLE

None included by reference.

IBM09C0002 SECTION E

SECTION E - INSPECTION AND ACCEPTANCE

E.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

E.2 Inspection of Services—Fixed-Price (FAR 52.246-4) (Aug 1996)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may—

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

IBM09C0002 SECTION E

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may—

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

E.2 Inspection of Services—Fixed-Price - USIBWC

(a) Inspection: The International Boundary and Water Commission, United States Section, located at 4171 Mesa St., El Paso, TX, 79902, is designated as the location for final inspection and acceptance by the Government of all deliverable items required by the contract.

(b) Acceptable: Acceptance shall be by the Contracting Officer based upon conformance to the individual task order requirements and those noted in Section C, “Statement of Work.”

IBM09C0002 SECTION F

SECTION F - DELIVERIES OR PERFORMANCE

F.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

52.242-14 APR 1984 SUSPENSION OF WORK

52.242-15 AUG 1989 STOP-WORK ORDER

52.242-17 APR 1984 GOVERNMENT DELAY OF WORK

52.247-34 NOV 1991 F.O.B. DESTINATION

F.2 SHIPPING INSTRUCTIONS

All documentation shall be shipped to the addresses cited in the individual task orders.

Shipment of all other items shall be as follows:

Parcel Post Shipments and Freight Shipments

Ship to:

International Boundary and Water Commission Attn: Environmental Mgmt. Dept.

Contract/Task Order Number: “TBD” 4171 N. Mesa St., Suite C-100 El Paso, TX 79902-1441

F.3 PERIOD OF PERFORMANCE

The period of performance shall be from March 1, 2009 to March 31, 2010.

IBM09C0002 SECTION F

F.4 PLACE OF PERFORMANCE

The required services shall be performed in the United States at locations along the international boundary between the United States of America and the country of Mexico from the mouth of the Rio Grande at the Gulf of Mexico to the Pacific Ocean. United States locations along the international boundary are generally with the immediate vicinity of the border, ranging from directly on the border to within one or two miles of the border. In rare instances, some locations may be several miles from the border and these instances shall be identified in individual Task Orders issued under the contract.

IBM09C0002 SECTION G

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

None included by reference.

G.2 TECHNICAL DIRECTION

(a) Performance of the work under this contract is subject to the written technical direction of the Contracting Officer Representative (COR), who shall be specifically appointed by the Contracting Officer in writing. "Technical direction" means a directive to the Contractor that approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor. Technical direction includes requiring studies and pursuit of certain lines of inquiry regarding matters within the general tasks and requirements in Section C of this contract.

(b) The COR does not have the authority to, and shall not, issue any instruction purporting to be technical direction that--

(1) Constitutes an assignment of additional work outside the statement of work;

(2) Constitutes a change as defined in the changes clause;

(3) Constitutes a basis for any increase or decrease in the total estimated contract cost, the fixed fee (if any), or the time required for contract performance;

(4) Changes any of the expressed terms, conditions, or specifications of the contract; or

(5) Interferes with the Contractor's rights to perform the terms and conditions of the contract.

(c) All technical direction shall be issued in writing by the COR.

(d) The Contractor shall proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within the COR's authority.

If, in the Contractor's opinion, any instruction or direction by the COR falls within any of the categories defined in paragraph

(b) above, the Contractor shall not proceed but shall notify the Contracting Officer in writing within 5 working days after receiving it and shall request the Contracting Officer to take action as described in this clause. Upon receiving this notification, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within 30 days that the instruction or direction is--

(1) Rescinded in its entirety; or

(2) Within the requirements of the contract and does not constitute a change under the changes clause of the contract, and that the Contractor should proceed promptly with its performance.

(e) A failure of the Contractor and Contracting Officer to agree that the instruction or direction is both within the requirements of the contract and does not constitute a change under the changes clause, or a failure to agree upon the contract action to be taken with respect to the instruction or direction, shall be subject to the Disputes clause of this contract.

(f) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the COR shall be at the Contractor's risk.

G.3 CONTRACTING OFFICER’S AUTHORIZED REPRESENTATIVE – IBWC (NOV 1992)

The Contracting Officer shall designate a technical representative to act for the Contracting Officer during the contract period. The Contracting Officer's Representative (COR) will act for the Contracting Officer only in technical matters and will not be authorized to commit the Government on any contract terms, conditions, or changes in unit price, total contract price, quantity, or quality, or delivery schedule. Any changes to the contract in unit price, total contract price, quantity, quality, or delivery schedule will be made only by the Contracting Officer by executed modification to the contract. The Contracting Officer's Representative will be located at the IBWC Headquarters .

The Contracting Officer's Representative will be appointed in writing after contract award.

G.4 SUBMISSION OF INVOICES

Invoices shall be prepared and submitted in quadruplicate unless otherwise specified. Invoices shall contain the following information as applicable: contract and order number, item numbers, description of supplies or services, sizes, quantities, unit prices, and extended totals. Invoices shall be submitted to:

International Boundary and Water Commission Attn: Acquisitions/Joshua Soto 4171 N. Mesa, Ste C-100 El Paso, TX 79902-1441

In the event that amounts are withheld from payment in accordance with the New Technology Clause or other provisions of this contract, a separate invoice for the amount withheld will be required before payment for that amount may be made.

G.5 IDENTIFICATION OF EMPLOYEES

At all times while on Government property, the contractor, subcontractors, their employees and agents shall wear badges which will be issued by the IBWC Badging & Visitor Control Office, located at the Main Gate at each IBWC field office. IBWC employee badges will be issued only between the hours of 8 a.m. to 2 p.m., Monday through Friday. IBWC visitor badges will be issued between the hours of 8 a.m. to 2 p.m., Monday through Friday. Resident aliens and foreign nationals/representatives shall be issued alternate foreign national badges.

Each individual who wears a badge shall be required to sign personally for the badge. The contractor shall be held accountable for issued badges and all other related items and must assure that they are returned to the IBWC Badging & Visitor Control Offices upon completion of work under the contract. Failure to comply with the IBWC contractor termination procedures upon completion of the work (e.g., return of badges, decals, keys, etc.) may result in final payment being delayed.

G.6 ADMINISTRATION OF PAYROLLS AND BASIC RECORDS – IBWC (JUN 1992)

Paragraph (b) (1) of FAR 52.222-8 requires the Contractor or Subcontractor to submit payrolls weekly to the Contracting Officer for each week in which any contract work is performed. The Contractor or Subcontractor shall also submit negative payrolls for weeks in which contract work is not performed, until such time that performance is complete and accepted by the Government, and "final" payroll has been submitted.

G.7 METHOD OF PAYMENT– IBWC (DEC 1997)

(a) Payments under this contract will be made by wire transfer through the Treasury Fedline Payment System (FEDLINE).

(b) The Contractor shall forward IBWC-500 form, in duplicate, to the International Boundary and Water Commission, United States and Mexico, United States Section, Acquisitions Division, The Commons, Building C, Suite 310, 4171 North Mesa, El Paso, Texas 79902, after award, but not later than fourteen (14) days before an invoice or contract financing request is submitted.

IBM09C0002 SECTION H

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

H.2 REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

OFFERORS

This contract incorporates Section K, Representations, Certifications, and Other Statements of Offerors, as set forth in the contractor's proposal TBD ____________________________, by reference, with the same force and effect as if it were given in full text.

H.3 SERVICE OF PROTEST (FAR 52.233-2) (AUG 1996)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from __Joshua Soto_____.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

H.4 CONFORMANCE TO ALL APPLICABLE LAWS – IBWC (JUL 1992)6

The Contractor shall comply with all applicable laws and regulations having the force of law which deal with or relate to performance hereunder or the employment by the Contractor of the employees necessary for such performance, and shall procure such permits, licenses and other required authorizations from the United States and from state and local authorities as may be necessary in connection with beginning or carrying on to completion of the contract work, and shall at all times comply with all United States, state and local laws in any way affecting the contract work.

H.5 Option to Extend Contract Period Performance

(a) The Government may extend the period of performance of the contract by unilateral contract modification. The Government shall notify the Contractor ___30 days prior to contract expiration. The original contract scope and requirements under contract section C “Statement of Work” shall be applicable to Option 1.

(b) If the Government exercises an option(s), the extended contract shall be considered to include the individual option(s). Should the option be exercised, the resultant contract will include all terms and conditions of the basic contract as it exists immediately prior to the exercise of the option.

Option 1: Shall be the authority for IBWC to extend the period of performance to April 1, 2010 through March 31, 2011.

Option 2: Shall be the authority for IBWC to extend the period of performance to April 1, 2011 through March 31, 2012.

Option 3: Shall be the authority for IBWC to extend the period of performance to April 1, 2012 through March 31, 2013.

Option 4: Shall be the authority for IBWC to extend the period of performance to April 1, 2013 through February 28, 2014.

H.5 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (FAR 52.222-42)

(May 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination Employee Class Monetary Wage—Fringe Benefits

H.6 CONTROL OF STUDY AND ANALYSIS REPORTS

All studies or reports produced as a result of this contract and subsequent task orders shall not be released outside the U.S. Section of the International Boundary and Water Commission (USIBWC).

Accordingly, Contractors shall affix to the cover of all interim, draft, and final reports the following disclaimer:

“The views, opinions, and findings contained in this report are those of the author(s) and should not be construed as an official U.S.

Section, International Boundary and Water Commission position, policy or decision, unless so designated by other documentation.”

Distribution of the report(s) in any stage of development or completion to another party or individual other than the addresses in Section F shall not be made without the study sponsor’s approval.

Contractors shall submit any request for distribution other than to the addressee in Section F to the Contracting Officer.

H.7 CONTROL OF INFORMATION

The Contractor shall not duplicate nor distribute in any form or manner any and all material or information generated during the performance of the contract for public release. Public Release shall not be authorized without the express written consent of the Contracting Officer.

The Contractor shall not incorporate into projects any instructions received either orally or in writing from other governmental agencies without prior written approval from the USIBWC Contracting Officer.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+2+3++%285%29%20%20AND http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+2+3++%285%29%20%20AND

H.8 ORDERING PROCEDURES – USIBWC (MAY 2003)

(a) General – If the contract contains multiple awardees, the issuance procedures stated herin are applicable.

(1) Work under this contract will be ordered by written task Order on Optional Form (OF) 347, “Order for supplies or Services.”

(2) Each award as a result of this solicitation will cite an individual contract number. Individual Task Orders will be placed in a sequential numbering system, which relate back to the basic contract.

(3) The Government will not be obligated to reimburse the Contractor for work performed, items delivered, or any costs incurred, nor shall the Contractor be obligated to perform, deliver, or otherwise incur costs except as authorized by duly executed Task Orders.

(4) Awardees under this contract are not guaranteed issuance of any task order or deliver order above the minimum guarantee(s) of $5,000.00.

(5) Task Orders will be Firm-Fixed price and clearly define the specific services to be performed or the performance desired. Each Task Order shall include as a minimum:

(i) Date of order.

(ii) Contract number and Task Order number.

(iii) Statement of work, including references to applicable specifications.

(iv) Delivery date or period of performance.

(v) Place of delivery or performance.

(vi) Any packaging, packing, and shipping instructions.

(vii) Accounting and appropriation data.

(viii) Price.

(ix) The place and manner of inspection and acceptance.

(x) Any Government-furnished property, material, or facilities to be made available for performance of the order.

(xi) Any other information deemed necessary to the performance of the order.

(6) Task Orders will be based on a Government developed Statement of Work.

(7) Task Orders may be modified by the Contracting Officer using Standard Form (SF) 30.

(8) Firms are required to contact the Contracting Officer within two

(2) days of notification if a firm shall not submit a proposal on a Task Order.

(b) Competition

Competition for issuance of Task Orders shall be limited to awardees under this contract. All awardees shall be given a fair opportunity to be considered for each Task Order. Upon solicitation of services under a Task Order, all awardees shall be considered equally against the stated criteria.

(2) Unless the Contracting Officer applies the exceptions noted below, each Task Order shall be awarded as a result of competition among the Contractors. Task Orders shall be awarded based on one of the following: (1) lowest price, (2) technically acceptable, lowest price, or (3) best value. The basis for award will be specified in each task Order. The Contracting Officer’s decision as to the selection for award is not subject to protest unless the protest is on the grounds that project scope increased, performance period changed, or maximum value of the contract.

(3) The Contracting Officer reserves the right to make award of a Task Order without competition based upon a determination that:

(i) The agency need for the supplies or services are so urgent that providing a fair opportunity would result in unacceptable delays;

(ii) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;

(iii) The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity for the original order; or

(iv) It is necessary to place an order to satisfy a minimum guarantee.

(iv) It is necessary to place an order to satisfy a minimum guarantee.

(c) Requirement for Proposals.

(1) The Government is not obligated to obtain written proposals or hold discussions prior to award of a Task Order. If the Government determines that proposals are necessary, proposals may be submitted in writing or oral form at the discretion of the Contracting Officer.

Should all proposals contain deficiencies that would preclude awarding the Task Order, discussions will commence to resolve the deficiencies and contractors will be provided an opportunity to submit a final revised proposal.

2) Technical Proposals, if required, may address one or more of the following factors:

• The contractor's technical understanding of the work.

• The most efficient and effective plan to accomplish the work

• Rationale for proposed labor and materials

• Sustainable design features

• Optimization

(d) Selection Criteria: One or more of the following criteria in addition to price or cost may be considered when contractors compete for award of a Task Order:

• Past Performance on earlier orders under the contract, including quality, timeliness, and cost control

• Potential impact on other orders placed with the contractor

• Minimum order requirements

• The amount of time contractors need to make informed business decisions on whether to respond to potential orders

• Quality of proposals

• Ability to meet schedule requirements

(e) Request for Proposal (RFP) Requirements:

(1) The Contracting Officer will furnish the Contractor with a written request for proposal (for either sole source or competitive requirements). The request will include:

(i) A Scope of Work describing the specified work required.

(ii) The desired delivery schedule

(iii) The anticipated performance period and critical milestones.

(iv) The place and manner of inspection and acceptance.

(v) The basis for award (lowest price; technically acceptable, lowest price; or best value). If applicable, selection criteria and proposal instructions.

(vi) Any other pertinent information.

(2) Proposal - The Contractor shall, within the time specified in the request for proposal, provide an original and one (1) copy, to the Contracting Officer with:

(i) A detailed cost or pricing proposal in accordance with the instructions set forth in the RFP and Federal Acquisition Regulation (FAR) 15.403-5, Table 15-2.

(ii) Proposed schedule for completing the contract task order.

(iii) Other information as requested in the RFP.

(3) Discussions/Negotiations - Upon receipt of the proposals, the Contracting Officer will review the proposals to ensure acceptability to the Government, decide to award without conducting discussions/negotiations or hold discussions with one or more of the contractors. When discussions/negotiations are conducted, each participating contractor shall be given one opportunity to revise its initial proposal to reflect any changes that result from the discussions/negotiations.

(4) Award - Upon completion of this process, the Contracting Officer shall execute a task order issued on an OF-347 and forward it to the successful contractor (facsimile transmission signatures may be utilized). Only upon receipt of an executed order, signed by the

Contracting Officer, shall the contractor commence work. Unsuccessful offerors will be notified.

IBM09C0002 SECTION I

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

52.202-1 JUL 2004 DEFINITIONS

52.203-3 APR 1984 GRATUITIES

52.203-5 APR 1984 COVENANT AGAINST CONTINGENT FEES

52.203-6 JUL 1995 RESTRICTIONS ON SUBCONTRACTOR SALES TO

THE GOVERNMENT

52.203-7 JUL 1995 ANTI-KICKBACK PROCEDURES

52.203-8 JAN 1997 CANCELLATION, RESCISSION AND RECOVERY

OF FUNDS FOR ILLEGAL OR IMPROPER

ACTIVITY

52.203-10 JAN 1997 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR

IMPROPER ACTIVITY

52.203-11 SEP 2007 CERTIFICATION AND DISCLOSURE REGARDING

PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

52.203-12 JUN 2003 LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS

52.203-14 Dec 2007 Display of Hotline Poster(s)

52.204-4 AUG 2000 PRINTED OR COPIED DOUBLE-SIDED ON

RECYCLED PAPER

52.204-7 OCT 2003 CENTRAL CONTRACTOR REGISTRATION

52.204-9 SEP 2007 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

52.207-3 MAY 2006 RIGHT OF FIRST REFUSAL OF EMPLOYMENT

52.209-6 JAN 2005 PROTECTING THE GOVERNMENT'S INTEREST

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT

52.215-2 JUN 1999 AUDIT AND RECORDS--NEGOTIATION

52.215-8 OCT 1997 ORDER OF PRECEDENCE - UNIFORM CONTRACT

FORMAT

52.215-10 OCT 1997 PRICE REDUCTION FOR DEFECTIVE COST OR

PRICING DATA

52.215-11 OCT 1997 PRICE REDUCTION FOR DEFECTIVE COST OR

PRICING DATA - MODIFICATIONS

52.215-12 OCT 1997 SUBCONTRACTOR COST OR PRICING DATA

52.215-13 OCT 1997 SUBCONTRACTOR COST OR PRICING DATA -

MODIFICATIONS

52.215-15 JAN 2004 PENSION ADJUSTMENTS AND ASSET

REVERSIONS

52.215-17 OCT 1997 WAIVER OF FACILITIES CAPITAL COST OF

MONEY

52.215-18 JUL 2005 REVERSION OR ADJUSTMENT OF PLANS FOR

POSTRETIREMENT BENEFITS (PRB) OTHER

THAN PENSIONS

52.215-19 OCT 1997 NOTIFICATION OF OWNERSHIP CHANGES

52.215-21 OCT 1997 REQUIREMENTS FOR COST OR PRICING DATA

OR INFORMATION OTHER THAN COST OR

PRICING DATA -- MODIFICATIONS

52.216-22 OCT 1995 INDEFINITE QUANTITY

52.217-8 NOV 1999 OPTION TO EXTEND SERVICES

52.219-8 MAY 2004 UTILIZATION OF SMALL BUSINESS CONCERNS

52.219-9 JAN 2002 SMALL BUSINESS SUBCONTRACTING PLAN

52.222-1 FEB 1997 NOTICE TO THE GOVERNMENT OF LABOR

DISPUTES

52.222-3 JUN 2003 CONVICT LABOR

52.222-4 SEP 2000 CONTRACT WORK HOURS AND SAFETY

STANDARDS ACT - OVERTIME COMPENSATION

52.222-20 DEC 1996 WALSH-HEALEY PUBLIC CONTRACTS ACT

52.222-21 FEB 1999 PROHIBITION OF SEGREGATED FACILITIES

52.222-22 FEB 1999 PREVIOUS CONTRACTS AND COMPLIANCE

REPORTS

52.222-26 APR 2002 EQUAL OPPORTUNITY

52.222-35 DEC 2001 EQUAL OPPORTUNITY FOR SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA,

AND OTHER ELIGIBLE VETERANS

52.222-36 JUN 1998 AFFIRMATIVE ACTION FOR WORKERS WITH

DISABILITIES

52.222-37 DEC 2001 EMPLOYMENT REPORTS ON SPECIAL DISABLED

VETERANS, VETERANS OF THE VIETNAM ERA,

AND OTHER ELIGIBLE VETERANS

52.222-41 NOV 2007 SERVICE CONTRACT ACT OF 1965

52.222-43 NOV 2006 FAIR LABOR STANDARDS ACT AND SERVICE

CONTRACT ACT-PRICE ADJUSTMENT (MULTIPLE

YEAR AND OPTION CONTRACTS)

52.222-50 Aug 2007 COMBATING TRAFFICING IN PERSONS

52.223-5 AUG 2003 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

52.223-6 MAY 2001 DRUG-FREE WORKPLACE

52.223-10 AUG 2000 WASTE REDUCTION PROGRAM

52.223-14 AUG 2003 TOXIC CHEMICAL RELEASE REPORTING

52.225-13 MAR 2005 RESTRICTIONS ON CERTAIN FOREIGN

PURCHASES

52.227-1 JUL 1995 AUTHORIZATION AND CONSENT

52.227-2 AUG 1996 NOTICE AND ASSISTANCE REGARDING PATENT

AND COPYRIGHT INFRINGEMENT

52.227-3 APR 1984 PATENT INDEMNITY

52.227-14 DEC 2007 RIGHTS IN DATA-GENERAL

52.227-18 DEC 2007 RIGHTS IN DATA – EXISTING WORKS

52.228-5 JAN 1997 INSURANCE-WORK ON A GOVERNMENT

INSTALLATION

52.228-7 MAR 1996 INSURANCE-LIABILITY TO THIRD PERSONS

52.229-3 APR 2003 FEDERAL, STATE, AND LOCAL TAXES

52.230-2 APR 1998 COST ACCOUNTING STANDARDS

52.230-3 APR 1998 DISCLOSURE AND CONSISTENCY OF COST

ACCOUNTING PRACTICES

52.230-6 NOV 1999 ADMINISTRATION OF COST ACCOUNTING

STANDARDS

52.232-1 APR 1984 PAYMENTS

52.232-8 FEB 2002 DISCOUNTS FOR PROMPT PAYMENT

52.232-11 APR 1984 EXTRAS

52.232-17 JUN 1996 INTEREST

52.232-18 APR 1984 AVAILABILITY OF FUNDS

52.232-24 JAN 1986 PROHIBITION OF ASSIGNMENT OF CLAIMS

52.232-25 OCT 2003 PROMPT PAYMENT

52.232-33 OCT 2003 PAYMENT BY ELECTRONIC FUNDS TRANSFER--

CENTRAL CONTRACTOR REGISTRATION

52.233-1 JUL 2002 DISPUTES (ALTERNATE I) (DEC 1991)

52.233-3 AUG 1996 PROTEST AFTER AWARD

52.233-4 OCT 2004 APPLICABLE LAW FOR BREACH OF CONTRACT

CLAIM

52.242-13 JUL 1995 BANKRUPTCY

52.243-1 AUG 1987 CHANGES—FIXED PRICE (ALTERNATE I)

(1987)

52.243-4 AUG 1987 CHANGES

52.244-6 MAR 2007 SUBCONTRACTS FOR COMMERCIAL ITEMS

52.245-1 JUN 2007 GOVERNMENT PROPERTY

52.246-4 AUG 1996 INSPECTION OF SERVICES- FIXED-PRICE

52.246-25 FEB 1997 LIMITATION OF LIABILITY-SERVICES

52.248-1 FEB 2000 VALUE ENGINEERING

52.249-2 SEP 1996 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED-PRICE) (ALTERNATE I)

(SEP 1996)

52.249-8 APR 1984 DEFAULT (FIXED-PRICE SUPPLY AND

SERVICE)

52.253-1 JAN 1991 COMPUTER GENERATED FORMS

I.2 APPROVAL OF CONTRACT (FAR 52.204-1) (Dec 1989)

This contract is subject to the written approval of Joshua Soto, Contracting Officer, and shall not be binding until so approved.

I.3 ORDERING (FAR 52.216-18)(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 from _MARCH 1, 2009_________ through __MARCH 31, 2010______.

(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.

L.4 ORDER LIMITATIONS (FAR 52.216-19) (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than ____$2,500.00_________, 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 __$3,500,000.00_;

(2) Any order for a combination of items in excess of _$3,500,000.00;

or

(3) A series of orders from the same ordering office within ____FOURTEEN (14)_________ days that together call for quantities exceeding the limitation in paragraph (b)(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 __TEN (10)___ 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 notice, the Government may acquire the supplies or services from another source.

I.5 CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

http://www.arnet.gov/far/current/html/52_216.html#wp1115057

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

____________________http://www.arnet.gov/far/___________________

I.6 TECHNICAL DATA SUBMITTAL REQUIREMENTS – IBWC (FEB 1995)

(a) Technical data required to be provided to the government are described in the paragraph entitled “Submittal Requirements” under Section C.

(b) If the Contractor fails to provide required technical data within the time(s) specified in this contract, or any extension, such failures shall be considered to demonstrate unsatisfactory progress and:

(1) There shall be retained from the progress or other payments under this contract such amount(s) as the Contracting Officer considers adequate protection to the Government therefor.

(2) The Contractor and its sureties shall be liable to and assessed by the Government for all damages caused by such failure.

(3) The Contractor’s right to proceed with the work that has been delayed may be terminated for default.

(c) In the event the Contractor provides submittals prior to Notice to Proceed, the Government may review the submittals prior to the Notice to Proceed. The Contractor shall not seek compensation for efforts spent on the preparation of submittal documents submitted prior to the Notice to Proceed.

(d) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.

(e) The Government will expedite the review of submittals.

However, for specific submittals the Government will require up to the amount of time specified in Section J for review of submittals or resubmittals.

IBM09C0002 SECTION J

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J - LIST OF ATTACHMENTS

J.1 This contract incorporates the following attachments by reference, with the same force and effect as if they were given in full text.

J.2 ATTACHMENT 1: “IBM09C0002-STATEMENT OF WORK”

J.3 ATTACHMENT 2: “IBM09C0002-EXHIBIT 1”

IBM09C0002 SECTION K

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

BIDDERS

K.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

52.222-38 DEC 2001 COMPLIANCE WITH VETERANS’ EMPLOYMENT

REPORTING REQUIREMENTS

K.2 Implementation of Online Representations and Certifications Application (ORCA)

The following information is applicable to completion of the online representations and certifications for this procurement:

(1) The North American Industry Classification System (NAICS) applicable to this acquisition is _________. The small business size standard is _________________________________.

(2) In accordance with 52.204-7(d) and 52.204-8, the date and time for receipt of proposals is the time established by which all offerors must have completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. If the offeror has not completed the representations and certifications by that time, the Contracting Officer will proceed to award to the next otherwise successful registered offeror.

K.3 Annual Representations and Certifications (FAR 52.204- 8)(Jan 2006)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is _____541330_______.

(2) The small business size standard is ____$4.5 Million_________.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (c) applies.

[ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov.

After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date].

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of provision)

K.4 Certification Regarding Responsibility Matters (FAR 52.209-5) (May 2008)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are o are not o presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have o have not o, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(C) Are o are not o presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have o, have not o, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has o has not o, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principals,” for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision.

The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

K.5 CONTRACTOR’S ADMINISTRATION PERSONNEL – IBWC (MAR 1989)

Offerors are requested to designate a person who will be in charge of overall administration of this contract.

Name:________________________________________ Title:_______________________________________ Address:_____________________________________ City & State:________________________________ Telephone No.:(___)____ _____________________

K.6 CONTRACTOR’S PAYMENT PERSONNEL – IBWC (MAR 1989)

Offerors are requested to designate the person who may be contacted for bank account and/or payment information.

Name:________________________________________ Title:_______________________________________ Address:_____________________________________ City & State:________________________________ Telephone No:(___)_ ________________________

IBM09C0002 SECTION L

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICE TO BIDDERS

L.1 LISTING OF CLAUSES INCORPORATED BY REFERENCE

52.214-34 APR 1991 SUBMISSION OF OFFERS IN THE ENGLISH

LANGUAGE

52.214-35 APR 1991 SUBMISSION OF OFFERS IN U.S. CURRENCY

52.215-1 JAN 2004 INSTRUCTION TO OFFERORS – COMPETITIVE

ACQUISITION (ALTERNATE I) (OCT 1997)

52.217-5 JUL 1990 EVALUATION OF OPTIONS

L.2 TYPE OF CONTRACT (FAR 52.216-1) (Apr 1984)

The Government contemplates award of a _Firm Fixed Price Indefinite Delivery, Indefinite Quantity contract resulting from this solicitation.

L.3 EVALUATION CRITERIA (SUBMITTALS)

(a) Each proposal shall contain the information requested in Section

J.3 ATTACHMENT 2: “IBM09C0002-EXHIBIT 1.”

H.5 Option to Extend Contract Period Performance