RFP.pdf

Request for Proposal (RFP)

Task ID: ID01130023

For:

PERFORMANCE WORK STATEMENT (PWS)

FOR

FOR PORTSMOUTH NAVAL SHIPYARD

Date Issued: 11 July 2013

Questions Due: 3:00 PM EST 22 July 2013

Proposal Due: 3:00 PM EST 12 August 2013

Submit to: Doug Punzel (Contracting Officer) at

Douglas.Punzel@gsa.gov

617.565.5769

Copy to:

Ordering Information

GSA, Region 1, Federal Acquisition Services is following the procedures set forth in Federal

Acquisition Regulation (FAR) 8.405-2 in placing this Task Order for services and/or FAR Part

12 .

It is anticipated that the cost of required services will be paid for with Department of Defense funding and will exceed $150,000.00, including option periods. Therefore, this acquisition and the resulting Task Order requires compliance with the Defense Federal Acquisition Regulation

Supplement (DFARS), specifically, Section 803 of the National Defense Authorization Act for

Fiscal Year 2002 (Public Law 107-107).

mailto:Douglas.Punzel@gsa.gov http://www.acqnet.gov/far/current/html/Subpart_8_4.html#1046478 http://www.acqnet.gov/far/current/html/Subpart_8_4.html#1046478 http://www.acq.osd.mil/dpap/dfars/pdf/r20040625/208_4.pdf http://www.acq.osd.mil/dpap/dfars/pdf/r20040625/208_4.pdf

TABLE OF CONTENTS

TABLE OF CONTENTS 1

B. REQUIREMENTS 3

i. Tasks – see the PWS for a complete description 3

ii. Deliverables – see the PWS for a complete description 3

iii. Cost/Pricing Data 3

C. PERFORMANCE WORK STATEMENT 7

D. PACKAGING AND MARKING – NOT USED 7

E. INSPECTION AND ACCEPTANCE 7

F. PERFORMANCE – BASE PERIOD AND 4, 1 YEAR OPTION PERIODS -SEE PWS 7

G. CONTRACT ADMINISTRATION 7

i. Points Of Contact 7

ii. Availability of Funds 8

iii. Incremental Funding 8

iv. Payments 9

v. Incidental Support Costs 10

H. SPECIAL CONTRACT REQUIREMENTS 10

i. Approval of Subcontracts 11

ii. Personnel Requirements 11

iii. Supervision of Employees 11

iv. Contractor/Government Interface 11

v. Security 11

vi. In addition, the following apply: 11

vii. Travel & ODCs 12

viii. Section 508 Compliance 13

ix. Government Furnished Equipment 13

I. TASK ORDER CLAUSES 13

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS. 14

CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JUN 2013) IBR 14

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS. 14

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2013) IBR 14

R1.INV.1 – Invoices for Services 21

J. ATTACHMENTS 23

i. PWS 23

ii. Contractor Performance Report 23

K. REPRESENTATIONS & CERTIFICATIONS 23

i. Contractors are required to maintain their Representations and Certifications via SAM and/or

ORCA online. 23

ii. Proposal Requirements 23

L. INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 23

i. Administrative 23

ii. Management 24

iii. Technical 25

iv. Past Performance – see the attached Contractor Performance Report (CPR). 25 One CPARS report can be submitted in lieu of each CPR. 25

M. EVALUATION FACTORS 25

Evaluation Methodology 26

B. REQUIREMENTS

i. Tasks – see the PWS for a complete description

ii. Deliverables – see the PWS for a complete description

iii. Cost/Pricing Data

1. In an effort to receive the highest quality solution at the lowest possible price, the Government requests all available discounts on all materials and services offered by Contractors for this requirement. Contractors are encouraged to offer discounts below contract and/or open market rates; whichever is applicable.

When discounts are offered, proposals must clearly identify both the contract or open market price and the discount price for each item or labor rate being discounted.

2. This task order does not provide payment for sick, holiday or vacation leave.

The Contractor shall not work or be paid for any Government holidays or overtime.

3. Offerors may use the following table or may propose an alternate that matches the specific tasks in the PWS

Hours Schedule

Rate

Quoted

Rate

Total Price

CLIN 0001 – Base Period –

0001aa – List All Labor Categories $ $ $

0001ab – $ $ $

0001ac – $ $ $

0001ad – $ $ $

TOTAL Price $

Quoted

Rate

Total Price

CLIN 0002 – Base Period –Surge Requirements/Labor Categories

0001aa – List All Labor Categories $ $ $

0001ab – $ $ $

0001ac – $ $ $

Quoted

Rate

Total Price

CLIN 0003 – Travel and Approved ODC’s

0001aa – List All Labor Categories $ $ $

0001ab – $ $ $

0001ac – $ $ $

TOTAL Price (TBD) $0.00

Quoted

Rate

Total Price

CLIN 1001 – Option 1, If exercised Labor Categories

1001aa – List All Labor Categories $ $ $

1001ab – $ $ $

1001ac – $ $ $

1001ad – $ $ $

Quoted

Rate

Total Price

CLIN 1002 – Option 1, If exercised /Labor Categories

0001aa – List All Labor Categories $ $ $

0001ab – $ $ $

0001ac – $ $ $

Quoted

Rate

Total Price

CLIN 1003 – Travel and Approved ODC’s

0001aa – List All Labor Categories $ $ $

0001ab – $ $ $

0001ac – $ $ $

Quoted

Rate

Total Price

CLIN 2001 – Option 2, If exercised

0001aa – List All Labor Categories $ $ $

0001ab – $ $ $

0001ac – $ $ $

Quoted

Rate

Total Price

CLIN 2002 – Option 2, If exercised –Surge Requirements/Labor Categories

0001aa – List All Labor Categories $ $ $

0001ab – $ $ $

0001ac – $ $ $

Quoted

Rate

Total Price

CLIN 2003 – Travel and Approved ODC’s

0001aa – List All Labor Categories $ $ $

0001ab – $ $ $

0001ac – $ $ $

Quoted

Rate

Total Price

CLIN 3001 – Option 3, If exercised Labor Categories

1001aa – List All Labor Categories $ $ $

1001ab – $ $ $

1001ac – $ $ $

1001ad – $ $ $

Quoted

Rate

Total Price

CLIN 3002 – Option 3, Surge If exercised /Labor Categories

0001aa – List All Labor Categories $ $ $

0001ab – $ $ $

0001ac – $ $ $

Quoted

Rate

Total Price

CLIN 3003 – Travel and Approved ODC’s

0001aa – List All Labor Categories $ $ $

0001ab – $ $ $

0001ac – $ $ $

Quoted

Rate

Total Price

CLIN 4001 – Option 4, If exercised –

0001aa – List All Labor Categories $ $ $

0001ab – $ $ $

0001ac – $ $ $

Quoted

Rate

Total Price

CLIN 4002 – Option 4, If exercised –Surge Requirements/Labor Categories

0001aa – List All Labor Categories $ $ $

0001ab – $ $ $

0001ac – $ $ $

Quoted

Rate

Total Price

CLIN 4003 – Travel and Approved ODC’s

0001aa – List All Labor Categories $ $ $

0001ab – $ $ $

0001ac – $ $ $

** Travel/ODC’s will be $0.00 for evaluation purposes.

TOTAL OFFER TOTAL PRICE

Total $

C. PERFORMANCE WORK STATEMENT

See attached Performance Work Statement for detailed description.

D. PACKAGING AND MARKING – NOT USED

E. INSPECTION AND ACCEPTANCE

All deliverables must be delivered to the Government at the address specified in Block 14 of the Award Document (GSA Form 300) not later than the dates specified in this task order. Deliverables must include a cover letter, on the prime Contractor’s letterhead, describing the contents. Concurrently, a copy of the cover letter shall be e-mailed to the

GSA points of contact (see section G.i).

See PWS

Inspection of Services (Completed at time of Award)

FAR 52.246-4 – Inspection of Services: Fixed Price (Aug 1996) (Deviation – May

2003) 52.246-6 – Inspection: Time-and-Material and Labor-Hour (May 2001)

F. PERFORMANCE – Base period and 4, 1 year option periods -See PWS

G. CONTRACT ADMINISTRATION

i. Points Of Contact

All correspondence shall include the Contracting Officer and GSA Project Mgr.

Contracting Officer:

Doug Punzel

General Services Administration

Federal Acquisition Service

10 Causeway Street, Suite 1085

Boston, MA 02222

Phone: (617) 565-5769

Email: Douglas.Punzel@gsa.gov

Project Manager:

Chester Swiszcz

General Services Administration

Federal Acquisition Service

Address: 10 Causeway Street, Room 1085

Boston, MA 02222

Phone: (617) 565-5758

Email: Chester.Swiszcz@gsa.gov

ii. Availability of Funds

Any award, extension, exercise of options or allowance for travel or ODCs are subject to the availability of funds.

iii. Incremental Funding

IAW DFARS 252.232-7007 (Limitation of Government’s Obligation),

(a) Contract line item(s) ____ through ____ are incrementally funded. For these item(s), the sum of $ ________ of the total price is presently available for payment and allotted to this contract.

An allotment schedule is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled “Termination for Convenience of the

Government.” As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph mailto:Douglas.Punzel@gsa.gov mailto:Chester.Swiszcz@gsa.gov

(j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the

Contractor’s notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes.”

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled “Default.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $ ________

(month) (day), (year) $ ________

(month) (day), (year) $ ________

(month) (day), (year) $ ________

(End of clause)

iv. Payments

For firm-fixed-price (FFP) orders the ordering activity shall pay the Contractor monthly, upon submission of proper invoices or vouchers, the prices stipulated in this contract for services rendered and accepted. Progress payments shall be made only when authorized by the order. For other than FFP labor (travel & ODC’s), the

Payments under Time-and-Materials and Labor-Hour Contracts at FAR 52.232-7

(Feb 2007), Alternate I (Feb 2007) clause applies.

v. Incidental Support Costs

No incidental support costs are available for this task order, unless approved by the

Contracting Officer.

H. SPECIAL CONTRACT REQUIREMENTS

52.212-1 Instructions to Offerors—Commercial Items. Instructions to

Offerors—Commercial Items (Feb 2012)

52.212-2 Evaluation—Commercial Items.

EVALUATION—COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

***See Section M____________________________________________

[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); (iv) small disadvantaged business participation; and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision) https://acquisition.gov/far/current/html/Subpart%2015_3.html#wp1088883 https://acquisition.gov/far/current/html/Subpart%2015_3.html#wp1088883

52.212-3 Offeror Representations and Certifications—Commercial Items.

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (DEC 2012)

Provide company information from the applicable website, SAM and/or ORCA.

i. Approval of Subcontracts

Written consent must be obtained from the Contracting Officer before placing any subcontract under this task order.

ii. Personnel Requirements

Resume(s), along with letter(s) certifying availability and interest, for the person(s) proposed to complete the services shall be provided with the offer. All person(s) proposed shall be considered “Key Personnel” in the resulting contract and may only be changed or substituted by written consent by the Contracting Officer.

iii. Supervision of Employees

The Contractor's employees shall remain under the Contractor's direct supervision at all times. Although the Government will coordinate directions within the scope of the task order, detailed instruction for the Contractor's employees and supervision shall remain the responsibility of the Contractor.

Any personnel issues of other than a technical nature shall be forwarded to the

Contracting Officer.

iv. Contractor/Government Interface

The Government shall not supervise or otherwise direct Contractor employees.

v. Security

The Contractor staff shall have the following clearances by task prior to working on the task order:

See PWS

vi. In addition, the following apply:

PRIVACY ACT. This task order requires that personnel have access to Privacy

Information. The Contractor shall ensure that the Contractors assigned to this task understand and adhere to the Privacy Act of 1974. Personnel shall adhere to the

Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations. The user agency will identify such information and provide specific direction and guidance concerning the safeguarding of such information. The contract staff shall be required to read and adhere to the appropriate nondisclosure requirements and shall be required to sign appropriate nondisclosure requirements.

DATA RIGHTS. The Government shall be the owner and have unlimited rights to use, disclose and/or duplicate the software and all related deliverables produced during the course of this project. The Government shall own the source code for all software developed by the Contractor.

NONDISCLOSURE OF SENSITIVE AND PROPRIETARY INFORMATION. The Contractor shall protect from unauthorized disclosure any materials or information made available by the Government, or that the Contractor has access to by virtue of the provisions of this order, that are not intended for public disclosure. This includes disclosure to individuals within the Contractor’s company who are not specifically assigned to work on this order.

All Contractor employees assigned to perform under this order shall sign an

Employee Confidentiality and Nondisclosure Agreement affirming and acknowledging that the information, technical data or proprietary software to be made available in the performance of this order are restricted for Government use only.

The Employee Confidentiality and Nondisclosure Agreement is a permanent agreement and shall survive the employee’s employment by the Contractor.

Nondisclosure shall be signed by Contractor employees prior to any work commencing on this order.

In the event that this order requires the Contractor to gain access to the proprietary or sensitive information of Government agencies or organizations, the Contractor shall be required to execute written agreements with those entities, to protect the information from unauthorized disclosure and refrain from using it for any purpose other than for which it was furnished. A copy of all executed agreements shall be delivered to the Contracting Officer.

At the conclusion of this order, Contractor representatives will conduct a thorough audit of the Contractor’s facilities/files to ensure that no unauthorized information, technical data or proprietary software exists in its possession.

vii. Travel & ODCs

Local travel within 100 miles of the primary place of performance (PNS) for the requirements listed in the PWS, will not be reimbursed.

Additional travel is anticipated during the performance of this task order. These costs cannot be accurately forecasted at this time and are therefore awarded on a cost reimbursable basis and may be partially funded as indicated on the award document.

The Contractor may be reimbursed for actual allowable costs that apply over the performance period. Original receipts, travel vouchers, etc., shall be maintained by the Contractor to support such charges and shall be made available to the

Government.

All requests for travel or ODCs must be approved by the Contracting Officer prior to incurring costs. Travel will be reimbursed to the extent allowable pursuant to the

Federal Acquisition Regulation and the Federal Travel Regulation (FTR). Request for travel approval shall:

Be summarized by traveler

Identify the CLIN associated with the travel

The Contractor shall use only the minimum number of travelers and rental cars needed (if justified) to accomplish the task(s). Travel shall be scheduled during normal duty hours whenever possible. Airfare will be reimbursed for actual common carrier fares which are obtained by the most reasonable and economical means.

The Government may increase or decrease the amount obligated for travel and ODCs unilaterally if such action is deemed advantageous; however, the total amount obligated in any resulting contract can never be exceeded. ODC’s are not allowable unless specific prior approval is given by the Contracting Officer. Payments for travel and approved ODCs may be made in accordance with FAR Clause 52.232-7 as applicable.

viii. Section 508 Compliance

All electronic and information technology (EIT) procured through this Statement of

Work/Bill of Materials and any resulting contract, task order, delivery order, or purchase order must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. 36 CFR 1194 implements

Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.access-board.gov/508.htm - Part 1194. The Contractor shall indicate for each line item in the schedule whether each product or service is compliant or noncompliant with the accessibility standards at 36 CFR 1194. Further, the proposal must indicate where full details of compliance can be found (e.g., vendor's website or other exact location).

ix. Government Furnished Equipment

The Government will provide on-site office facilities as necessary (computer, printer, desk, chair, local telephone service) for all contractor personnel. See PWS

The Government will provide the following office environment as necessary.

Hardware: Typical office IT equipment is available to support this effort (Internet capable PCs, closed internal classified network). Software: A standard Microsoft environment to include Word, PowerPoint, and Excel shall be utilized. PCs run on a

Microsoft NT network. Microsoft Office products are standard.

I. TASK ORDER CLAUSES

Not excluding, but not limited to clauses and provisions already contained in the applicable basic contract. The clauses contained in this section supplement the clauses contained in the Schedule contract and are specific to this task order.

52.204-9 – Personal Identity Verification of Contractor Personnel

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12

(HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal

Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract.

The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the sub-Contractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

52.212-4 Contract Terms and Conditions—Commercial Items.

Contract Terms and Conditions—Commercial Items (Jun 2013) IBR

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders—Commercial Items.

Contract Terms and Conditions Required to Implement Statutes or Executive Orders—

Commercial Items (Jan 2013) IBR

52.216-18 – Ordering

(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 __(TBD)____ through ____(TBD)____ .

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

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

(End of Clause)

52.216-19 -- Order Limitations

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _$2,000.00_, 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 __$750,000.00___ ;

(2) Any order for a combination of items in excess of __$6,000,000.00__(contract ceiling); or

(3) A series of orders from the same ordering office within __30 calendar__ days that together call for quantities exceeding the limitation in subparagraph (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 __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.

(End of Clause)

52.216-20 -- Definite Quantity

(a) This is a definite-quantity, indefinite-delivery contract for the supplies or services specified, and effective for the period stated, in the Schedule. (As applicable per TO)

(b) The Government shall order the quantity of supplies or services specified in the Schedule, and the Contractor shall furnish them when ordered. Delivery or performance shall be at locations designated in orders issued in accordance with the Ordering clause and the Schedule.

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that time shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after __(TBD)____ .

(End of Clause)

52.216-22 -- Indefinite Quantity

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after ____(TBD)____ .

(End of Clause)

52.217-8 – Option to Extend Services

The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the performance period of the contract.

52.217-9 – Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 18 months.

52.219-14 -- Limitations on Subcontracting

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for --

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(End of Clause)

52.219-18 -- Notification of Competition Limited to Eligible 8(a) Concerns

(a) Offers are solicited only from small business concerns expressly certified by the Small

Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer --

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)

(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply in connection with construction or service contracts.

(2) ___________________________ will notify the GSA, Region 1 Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of Clause)

GSAR 552.219-74 Section 8(a) Direct Award.

As prescribed in 519.870-8, insert the following clause:

SECTION 8(A) DIRECT AWARD (SEP 1999)

(a) This contract is issued as a direct award between the contracting activity and the

8(a) Contractor pursuant to the Memorandum of Understanding between the Small Business

Administration (SBA) and the General Services Administration. SBA retains the responsibility for 8(a) certifications, 8(a) eligibility determinations, and related issues, and will provide counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is:

U.S. Small Business Administration

Massachusetts District Office

10 causeway Street, Suite 265

Boston, MA 02222-1093

**This may change if the Awardee is outside this District

SBA Requirement #: 0101/13/304588/01

(b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract. However, the contracting activity shall give advance notice to SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with SBA prior to processing any advance payments or novation agreements. The contracting activity may assign contract administration functions to a contract administration office.

(c) The Contractor agrees:

(1) To notify the Contracting Officer, simultaneous with its notification to SBA (as required by SBA’s 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.

(2) To the requirements of 52.219-14, Limitations on Subcontracting.

(End of clause)

52.228-5 – Insurance – Work on a Government Installation

Includes but is not limited to Contractor owned vehicle insurance and contract employee owned vehicle insurance as applicable per State law or Government installation(s).

http://www.arnet.gov/GSAM/current/html/Part519.html#wp1864800

52.228-7 – Insurance – Liability to Third Persons

52.232-18 -- Availability of Funds

52.232-19 – Availability Of Funds For The Next Fiscal Year

Funds are not presently available for performance under this contract beyond the initial performance period. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract until funds are made available to the Contracting

Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.232-22 – Limitation Of Funds

(a) The parties estimate that performance of this contract will not cost the Government more than

(1) the estimated cost specified in the Schedule or, (2) if this is a cost-sharing contract, the

Government’s share of the estimated cost specified in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the estimated cost, which, if this is a cost-sharing contract, includes both the

Government’s and the Contractor’s share of the cost.

(b) The Schedule specifies the amount presently available for payment by the Government and allotted to this contract, the items covered, the Government’s share of the cost if this is a cost-sharing contract, and the period of performance it is estimated the allotted amount will cover.

The parties contemplate that the Government will allot additional funds incrementally to the contract up to the full estimated cost to the Government specified in the Schedule, exclusive of any fee. The Contractor agrees to perform, or have performed, work on the contract up to the point at which the total amount paid and payable by the Government under the contract approximates but does not exceed the total amount actually allotted by the Government to the contract.

(c) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of (1) the total amount so far allotted to the contract by the Government or, (2) if this is a cost-sharing contract, the amount then allotted to the contract by the Government plus the Contractor’s corresponding share. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule.

(d) Sixty days before the end of the period specified in the Schedule, the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the contract or for any further period specified in the

Schedule or otherwise agreed upon, and when the funds will be required.

(e) If, after notification, additional funds are not allotted by the end of the period specified in the

Schedule or another agreed-upon date, upon the Contractor’s written request the Contracting

Officer will terminate this contract on that date in accordance with the provisions of the

Termination clause of this contract. If the Contractor estimates that the funds available will allow it to continue to discharge its obligations beyond that date, it may specify a later date in its request, and the Contracting Officer may terminate this contract on that later date.

(f) Except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause—

(1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this contract; and

(2) The Contractor is not obligated to continue performance under this contract (including actions under the Termination clause of this contract) or otherwise incur costs in excess of—

(i) The amount then allotted to the contract by the Government or;

(ii) If this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor’s corresponding share, until the Contracting

Officer notifies the Contractor in writing that the amount allotted by the

Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this contract.

(g) The estimated cost shall be increased to the extent that (1) the amount allotted by the

Government or, (2) if this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor’s corresponding share, exceeds the estimated cost specified in the Schedule. If this is a cost-sharing contract, the increase shall be allocated in accordance with the formula specified in the Schedule.

(h) No notice, communication, or representation in any form other than that specified in paragraph (f)(2) of this clause, or from any person other than the Contracting Officer, shall affect the amount allotted by the Government to this contract. In the absence of the specified notice, the

Government is not obligated to reimburse the Contractor for any costs in excess of the total amount allotted by the Government to this contract, whether incurred during the course of the contract or as a result of termination.

(i) When and to the extent that the amount allotted by the Government to the contract is increased, any costs the Contractor incurs before the increase that are in excess of—

(1) The amount previously allotted by the Government or;

(2) If this is a cost-sharing contract, the amount previously allotted by the Government to the contract plus the Contractor’s corresponding share, shall be allowable to the same extent as if incurred afterward, unless the Contracting Officer issues a termination or other notice and directs that the increase is solely to cover termination or other specified expenses.

(j) Change orders shall not be considered an authorization to exceed the amount allotted by the

Government specified in the Schedule, unless they contain a statement increasing the amount allotted.

(k) Nothing in this clause shall affect the right of the Government to terminate this contract. If this contract is terminated, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each.

(l) If the Government does not allot sufficient funds to allow completion of the work, the

Contractor is entitled to a percentage of the fee specified in the Schedule equaling the percentage of completion of the work contemplated by this contract.

Organizational Conflicts of Interests

(a) Definitions.

"Contractor" means the person, firm, unincorporated association, joint venture, partnership, or corporation that is a party to this contract.

"Contractor and its affiliates" and "Contractor or its affiliates" refers to the Contractor, its chief executives, directors, officers, subsidiaries, affiliates, sub-Contractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates, or any other successor or assignee of the Contractor.

An "Organizational conflict of interest" exists when the nature of the work to be performed under a proposed Government contract, without some restriction on activities by the Contractor and its affiliates, may either (i) result in an unfair competitive advantage to the Contractor or its affiliates or (ii) impair the Contractor’s or its affiliates’ objectivity in performing contract work.

(b) To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the Government, ordering offices may place restrictions on the Contractors, its affiliates, chief executives, directors, subsidiaries and sub-Contractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize, or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract.

Examples of situations, which may require restrictions, are provided at FAR 9.508.

R1.INV.1 – Invoices for Services

Contractors shall use GSA’s VITAP System at https://finance.gsa.gov and Business System at https://it-solutions.gsa.gov.

1. Invoicing – Generally

(a) The Period of Performance (PoP) for each invoice shall be one month.

(b) The Contractor shall submit one and only one invoice per month per order or contract.

(c) For Commodities and Fixed-Price contracts, the Contractor shall submit each invoice at least five days after the end of the month in which the commodities or fixed-priced services were delivered and accepted by the Government.

(d) For Cost-Reimbursement, Time-And-Materials and Labor-Hour contracts, the

Contractor shall submit each invoice no later than the twenty-fifth calendar day of the month following the end of the period of performance for the preceding month.

(e) For Cost-Reimbursable and Labor Hour/Time and Material orders and contracts, invoices shall include:

(i) labor category;

(ii) hours worked per labor category;

(iii) rate per labor category;

(iv) total cost per labor category;

(v) extended or “cumulative” amount per labor category;

(vi) total travel costs incurred this invoice period;

(vii) total travel costs to date;

(viii) total of any other costs incurred this invoice period;

(ix) amount obligated to the order or contract as of the invoice period;

(x) total value of the order or contract for the current order or contract period of performance;

https://finance.gsa.gov/ https://it-solutions.gsa.gov/

(xi) total amount invoiced to date;

(xii) total amount paid to date;

(xiii) grand total of all costs incurred and invoiced; and

(xiv) total amount incurred but not paid to date.

(f) For Cost-Reimbursement and Labor Hour orders and contracts, each invoice must include both the burn rate for the current invoice and the average monthly burn rate as of the performance period of the invoice.

(g) All invoices must include, if applicable, all required documentation to support the charges and costs claimed.

(i) Travel. Include the traveler's name, dates of travel, location of travel, dollar amount of travel, and receipts.

(ii) Other Direct Costs (ODC). Include a description of the ODC, quantity, unit price and total price/cost of each ODC.

2. Invoice Content – Other Than a Final Invoice

(a) For Cost-Reimbursable and Labor Hour/Time and Material orders and contracts for

Services, invoices shall be submitted not more frequently than once per month for work performed by the Contractor and accepted by the Government during the preceding one month period of performance.

(b) The invoice shall be submitted on official letterhead and shall include the following information at a minimum:

(i) the GSA order, contract number, and task ID numbers;

(ii) the ACT Number;

(iii) the remittance address;

(iv) the period of performance for invoice period;

(v) the billing (accounts receivable) point of contact and phone number; and

(vi) all information required by paragraph 1, above.

3. Invoice Content - Final Invoice

(a) The invoice for final payment shall be marked “FINAL INVOICE”.

(b) The Final Invoice must be submitted not later than the 60th calendar day following the end of the contract or order period of performance. The Contractor shall request from a GSA Contracting Officer an extension for final invoices that may exceed the

60-day time frame.

(c) The Final Invoice shall include an executed release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions:

(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible of exact statement by the Contractor.

(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the

Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.

4. Submitting an Invoice

(a) All invoices shall be submitted via and using www.finance.gsa.gov.

(b) Complete the system generated form with the applicable information for the invoice.

(c) Upload a copy of the invoice (and all back-up documents supporting the charges and costs invoiced) prepared in accordance with the instructions of this clause.

(d) Questions may be directed via e-mail to FW-PaymentSearch.finance@gsa.gov or via telephone to the Customer Support Desk at 817.978.2408.

GSAR 552.232-72 Final Payment.

Before final payment is made, the Contractor shall furnish the Contracting Officer with a release of all claims against the Government relating to this contract, other than claims in stated amounts that are specifically excepted by the Contractor from the release. If the Contractor’s claim to amounts payable under the contract has been assigned under the Assignment of Claims Act of

1940, as amended (31 U.S.C. 3727, 41 U.S.C. 15), a release may also be required of the assignee.

J. ATTACHMENTS

i. PWS

ii. Contractor Performance Report

K. REPRESENTATIONS & CERTIFICATIONS

i. Contractors are required to maintain their Representations and Certifications via SAM and/or ORCA online.

ii. Proposal Requirements

1. Offeror assumes full responsibility for ensuring that its proposal is received at the addresses designated herein on or before the specified date and time.

2. An offer is deemed acceptable when it contains the offeror’s assent to the terms and conditions of the task order solicitation and applicable contract. An offer with exceptions may be deemed unacceptable and rejected.

L. INSTRUCTIONS, CONDITIONS AND NOTICES TO…