RFQ - Conference and Meeting Space_12292010.doc

Solicitation # OPM26-11-T-0003

Classroom and Meeting Space Request for Quotation (RFQ)

Solicitation No.

OPM26-11-T-0004

December 29, 2010

United States

Office of Personnel Management

OFFICE OF PERSONNEL MANAGEMENT

REQUEST FOR QUOTATION

OPM26-11-T-0003

Meeting Space

A. INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

Respondents must be primary provider of all services. No submissions from third party providers will be considered.

1. PURPOSE

The purpose of this request is to provide a commercial hotel/conference center for a leadership training seminar to be held by the U.S. Office of Personnel Management (OPM)/Eastern Management Development Center (EMDC). This leadership seminar will be designed and delivered by EMDC, which will be the holder of the contract.

2. BACKGROUND

See Attached Statement of Requirements (Attachment 1).

3. METHOD OF ACQUISITION

The U.S. Office of Personnel Management’s, EMDC/Contracting anticipates awarding a Firm Fixed Price Purchase Order for conference meeting space, meal service, AM/PM break service, and audio-visual equipment necessary to support this EMDC training event.

4. NUMBER OF AWARDS

It is anticipated that the award of one (1) Firm Fixed Price Purchase Order will be made to the successful offeror as a result of this solicitation. If no one vendor cannot fulfill the requirements and/or does not represent the best value to OPM, then multiple awards, not to exceed (2), may be made as a result of this solicitation.

5. DATE OF AWARD

It is anticipated that award will be made on or about January 14, 2011.

6. PERIOD OF PERFORMANCE

The periods of performance will be February 25 - 28, 2011 and August 2 - 5, 2011.

7. COMMITMENT OF PUBLIC FUNDS

The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds in connection with the proposed acquisition. Any other commitment, either explicit or implied, is invalid.

8. COMMUNICATIONS PRIOR TO AWARD

All communications shall be directed to the attention of:

Name:

Shannon G. Kennedy Title:

Purchasing Agent Address: U.S. Office of Personnel Management

Eastern Management Development Center 239 Lowe Drive Shepherdstown, WV 25443 Phone: (304) 870-8065 Fax: (304) 870-8061

E-mail address: shannon.kennedy@opm.gov All questions must be submitted to Shannon Kennedy via email no later than 3:00 p.m. Eastern Standard Time (EST) on Tuesday, January 4, 2011.

Communications with other officials may compromise the competitiveness of this acquisition and result in cancellation of the requirement.

9. PREPARATION COSTS

This RFQ does not commit the Government to pay for the preparation and submission of a quotation.

B. GENERAL INSTRUCTIONS TO OFFERORS

1. INSTRUCTIONS TO VENDORS

(a) Definitions (As used in this provision):

Discussions are negotiations that occur that may, at the Contracting Officer's discretion; result in the offeror being allowed to revise its quotation.

In writing or written means any worded or numbered expression which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

Quotation modification is a change made to a quotation before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award.

Quotation revision is a change to a quotation made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations.

Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations

If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of quotations:

(1) Only electronic mail (email) submissions are expected through this solicitation.

(2) The first page of the quotation must show‑‑

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(v) Name, title, and signature of person authorized to sign the quotation. Quotations signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(3) Late quotations and revisions.

(i) Any quotation received after the exact time specified for receipt of quotes will not be considered unless it is the only quotation received.

(ii) Any modification or revision of a quotation or response to request for information, including any final quotation revision, is subject to the same conditions of this provision.

(iii) Notwithstanding paragraph (c)(3)(i) of this provision, a late modification or revision of an otherwise successful quotation that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.

(iv) Quotations may be withdrawn by written notice received at any time before award.

(v) If an emergency or unanticipated event interrupts normal Government processes so that quotations cannot be received at the office designated for receipt of quotations by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotations will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(4) Quotations submitted must be on an all-or-none basis, e.g., quotations that propose to provide any item or combination of items shall be determined to be nonresponsive.

(5) Quotations submitted in response to this solicitation shall be in English and in U.S. dollars.

(6) Offerors may submit modifications to their quotations at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award.

(7) Offerors may submit revised quotations only if requested or allowed by the Contracting Officer.

(8) Quotations may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer.

(d) Quotation expiration date. Quotations in response to this solicitation will be valid for a period of 60 calendar days.

(e) Restriction on disclosure and use of data. Offerors that include in their quotations data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall:

(1) Mark the title page with the following legend: This quotation includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed‑‑in whole or in part‑‑for any purpose other than to evaluate this quotation. If, however, a purchase order is awarded to this offeror as a result of‑‑or in connection with‑‑ the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting purchase order. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend: Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this quotation.

(f) Purchase order award.

(1) The Government intends to award a purchase order to the responsible offeror whose quotation represents the best value after an evaluation is conducted in accordance with the factors in the solicitation.

(2) The Government may reject any or all quotations if such action is in the Government's interest.

(3) The Government may waive informalities and minor irregularities in quotations received.

(4) The Government shall evaluate quotations and may award without discussions with offerors. Therefore, the offeror's initial quotation should contain the offeror's best terms from a cost or price and technical standpoint. Offerors may be given the opportunity to clarify certain aspects of proposals (e.g., the relevance of an offeror’s past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors, but not rising to the level of discussions. The Government reserves the right to conduct discussions and/or site visits to eligible locations if the Contracting Officer later determines them to be necessary.

(5) The Government reserves the right to make an award on any item for a quantity less than the quantity quoted, at the unit cost or prices quoted, unless the offeror specifies otherwise in the quotation.

(6) Exchanges with offerors after receipt of a quotation do not constitute a rejection or counteroffer by the Government.

(7) The Government may determine that a quotation is unacceptable if the prices proposed are materially unbalanced between line items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A quotation may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

2. POTENTIAL AWARD WITHOUT DISCUSSIONS

The Government reserves the right to award without discussions if the Contracting Officer determines that the initial offer is fair and reasonable and that discussions are not necessary.

3. ORDERING TERMS AND CONDITIONS

The offeror must specify the unit price for each requirement in response to this solicitation.

The offeror must indicate the Quantity, Item, and Trade Discounts being quoted for each line item.

4. PURCHASE ORDER TERMS AND CONDITIONS

Any Purchase Order, awarded as a result of this solicitation shall be subject to the terms and conditions stated.

5. PRIVACY ACT

The Privacy Act of 1974 (P.L. 93-579) requires that a Federal agency advise each individual whom it asks to supply information, the authority which authorizes the solicitation, whether disclosure is voluntary or mandatory, the principal purpose for which the information is intended to be used, the uses outside the agency which may be made of the information, and the effects on the individual, if any, of not providing all or any part of the requested information.

Providing the information requested is entirely voluntary. The collection of this information is for the purpose of conducting an accurate, fair, and adequate review prior to a discussion as to whether to award a Purchase Order.

Failure to provide any or all of the requested information may result in a less than adequate review.

6. SELECTION OF VENDOR

You are advised that a Best Value Firm Fixed Price Purchase Order will be made to the offeror that the Government determines to represent the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs. The evaluation criteria to be used by the Government are described in Section F, EVALUATION FACTORS FOR AWARD, below.

7.

ALTERNATE PROPOSALS

You may, at your discretion, submit alternate proposals, or proposals which deviate from the requirements; provided, that you also submit a proposal for performance of the work as specified in the statement of objectives. Such proposals may be considered if overall performance would be improved or not compromised and if they are in the best interests of the Government. Alternative proposals, or deviations from any requirements of this solicitation, shall be clearly identified.

8.

QUOTATION DUE DATE & NUMBER OF COPIES OF THE QUOTATION

Your quotation shall be organized as specified in Section B., GENERAL INSTRUCTIONS TO OFFERORS; Section C., INSTRUCTIONS FOR PREPARING THE TECHNICAL PORTION OF THE QUOTATION; and Section D., INSTRUCTIONS FOR PREPARING THE BUSINESS PORTION OF THE QUOTATION; and submitted by electronic mail (e-mail) no later than 4:00 p.m., Eastern Standard Time (EST) on Friday, January 7, 2011 to the contracting officer specified in Section A, Block 8. In the subject line type “Solicitation OPM26-11-T-0004 – Classroom and Meeting Space.”

Technical and Pricing proposals MUST be in two separate volumes. Each of the parts shall be separate and complete, so that evaluation of one may be accomplished independently of and concurrently with the evaluation of the others.

9.

PURCHASE ORDER TYPE

The Government shall award a Firm Fixed Price Purchase Order for conference meeting space, meal service, AM/PM break service, and audio-visual equipment necessary to support this EMDC training event.

This is a Best Value acquisition, where technical merit is significantly more important than price. We reserve the right to award a purchase order to the technically superior contractor who is higher in cost. When technical proposals are evaluated and found essentially technically equal, price may become the determining factor. We also reserve the right to issue a purchase order to other than the technically superior contractor if we determine the potential cost savings of that contractor offset the differing technical evaluation scores and represents the best value to the Government.

The awarded purchase order shall contain the attached OPM Specific Clauses (Attachment 2).

10.

ORAL PRESENTATIONS

You are advised that offerors responding to this solicitation may be invited to provide oral presentations to the Government after the Government completes its initial evaluation of your proposal. The Contracting Officer will set the date and time for the oral presentation. The oral presentation will be presented to the Contracting Officer and the technical evaluation panel at the location where the requirements will be fulfilled. An outline of your presentation and the name(s) and telephone number(s) of the individual authorized to conduct the presentation shall be sent to us prior to the presentation date.

The oral technical proposal must be adequate to demonstrate how you propose to comply with the requirements of this solicitation, along with a full explanation of techniques and procedures to be followed.

C.

INSTRUCTIONS FOR PREPARING THE TECHNICAL PORTION OF THE QUOTATION

1. PREPARING THE TECHNICAL PORTION OF THE QUOTATION

(a) Technical proposals must clearly identify quality of services and accommodations, size, confirmation of its overall quality rating, location, and documentation of experience with large conferences. The Government reserves the right to conduct an on-site inspection of offered facilities. The contractor shall provide information (availability/cost) on other amenities of hotel i.e., guest parking policy, workout facilities, menus and cancellation policy. The technical proposal should include details describing contractor’s ability to provide the service requirements listed in the Statement of Requirements.

(b) In addition to its proposed technical approach, the Offeror must prove its facility is Federal Emergency Management Agency approved and listed on the U.S. Fire Administration Hotel and Motel National Master List found at http://www.usfa.fema.gov/hotel/search.cfm. The offeror's facility must be compliant with the requirements of the American with Disabilities Act (Public Law 101-336) 42 U.S.C. 12101 et. seq.).

(c) The submission shall be logically assembled, and all pages shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer.

(d) Offeror(s) are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal.

D.

INSTRUCTIONS FOR PREPARING THE BUSINESS PORTION OF THE QUOTATION

1. PRICE INFORMATION

All quotes must be responsive to the line items detailed in the Statement of Requirements (Attachment 1). Please include a daily breakdown, as well as a total cost. The contractor shall provide a fixed-price for each contract line item as well a total cost for the contract. Proposals not containing a total cost will be rejected as non-responsive.

2. INFORMATION OTHER THAN PRICING DATA

The vendor shall submit sufficiently detailed information to permit the Contracting Officer and authorized representatives to evaluate the offer including, but not limited to:

· Information on any construction or refurbishment being conducted during the selected dates.

· Information (group name and audience size) on other groups currently under contract or holding space at the hotel/conference center on those dates.

· Descriptive literature regarding the facility shall be submitted with your proposal including sleeping rooms, eating/restaurant spaces, menus, hotel parking fees, laundry services, meeting room space, diagrams and square footage.

Unless otherwise stated in this solicitation, the information may be submitted in the offeror’s own format.

3. PRICING

The vendor shall clarify for each line item if the unit price does not represent the local per diem for Washington, DC (www.gsa.gov/perdiem).

E.

PAST PERFORMANCE INSTRUCTIONS

Offerors shall submit the following information as part of their proposal for both the offeror and proposed major subcontractors:

1. Offerors shall submit up to 3 references. Contracts listed may include those entered into by the Federal Government and agencies of state and local governments. Offerors that are newly formed entities without prior contracts should list contracts and subcontracts as required above for all key personnel.

The reference list shall include the following information for each contract and subcontract:

a. Name of contracting activity:

b. Contract Number:

c. Contract Type:

d. Total Contract Value:

e. Contract Work:

f. Contracting Officer and telephone number:

g. Program Manager and telephone number:

h. Administrative Contracting Officer, if different from item f:

i. List of major Subcontractors:

2. The offeror may provide information on problems encountered on the contract and subcontracts identified in 1. above and corrective actions taken to resolve those problems. Offerors should not provide general information on their performance on the identified contracts. General performance information will be obtained from the references.

3. The contractor’s facility must have one of the following quality ratings: Three star or higher per Mobile Travel Guide; Three crowns or higher per the OAG Business Travel Planner; or Three diamonds or higher per AAA. DOCUMENTATION OF RATINGS MUST BE PROVIDED.

4. References other than those identified by the offeror may be contacted by the Government, and the information received from them may be used in the evaluation of the offeror’s past performance.

F. EVALUATION FACTORS FOR AWARD

1. GENERAL

The award decision will be based upon a best value determination, and offers will be evaluated primarily for technical approach and capability, and secondarily their total proposed price to perform the services specified and provides the required deliverables.

2. EVALUATION CRITERIA

In determining which offer represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs, the Government shall evaluate responses using the following evaluation criteria that are listed in descending order of priority:

· Commitment to customer service based on its reputation for demonstrating concern for its customers;

· Location related to specific information listed in the Statement of Requirements;

· Services and facilities to be provided (including adequate room sizes);

· Experience with similar Federal government conferences;

· Price.

Quality of services and accommodations, location and experience with conferences, when combined, are more important than price

F. ATTACHMENTS TO THE RFQ

1. Statement of Requirements

2. OPM Specific Clauses

3. FAR Clauses

END OF SOLICITATION

ATTACHMENT 1

STATEMENT OF REQUIREMENTS

I.

PURPOSE

The purpose of this request is to provide a commercial hotel/conference center for a leadership training seminar to be held by the U.S. Office of Personnel Management (OPM)/Eastern Management Development Center (EMDC). This leadership seminar will be designed and delivered by EMDC, which will be the holder of the contract.

II.

SCOPE OF WORK/FACILITY REQUIREMENTS

Dates (no flexibility):

Availability and full requirements must be met during the award period of February 25 - 28, 2011 and August 2 - 5, 2011.

Location:

· Hotel/Conference Facility must be located within Washington, DC.

· While most participants will commute to the seminar location, property must be able to provide single-occupancy lodging for up to five (5) participants under one roof (i.e., no overflow property to be used).

· Property must be accessible via the Washington, DC Metro transit system. Preference will be given to properties with access directly from a Metro station into the hotel.

· Property must be able to provide all Food and Beverage services onsite with lodging and meeting space.

· Property must provide onsite parking for all participants, staff and speakers.

· Property must provide pre-conference information to all participants on the facility and area.

Lodging:

· The majority of course participants will commute to the seminar location; however, up to five (5) single lodging rooms, charged at the Government per diem rate, will be required for the entire conference.

· Participants will be checking in on Tuesday, February 25th and checking out on Friday, February 28th for the February session.

· Participants will be checking in on Tuesday, August 2nd and checking out on Friday, August 5th for the August session.

· Participants will personally make arrangements and pay for lodging.

· Up to two speakers will need lodging for at least one-night each during the conference. They will pay for their rooms personally.

· OPM is Federal government tax-exempt.

Meals:

All meals should include vegetarian and healthy options. OPM/EMDC will provide any special dietary requirements in advance of conference. Please note the AM/PM break service must be provided in or adjacent to the designated meeting room.

· Breakfast – Three days, Continental style (Wednesday - Friday)

· Lunch – Three-days, Buffet style (Wednesday – Friday)

· Morning Breaks – Three-days, Coffee, Tea, Juice, & Water (Wednesday – Friday)

· Afternoon Breaks – Three-days, Soft Drinks, Juice, Water, and Cookies (Wednesday – Friday) Conference Facilities:

· One general session room to accommodate 40 participants (8:00 AM to 5:00 PM)

· Set up – Tables of six to eight (no one’s back to face front)

· Internet connection for at least one day

· Audio Visual - Projector, screen, flip charts (eight to 10)/markers, podium w/microphone (Please notate which items can be brought onsite by EMDC)

· The room must meet all ADA requirements to allow full accessibility to all participants.

· The room must allow 7:00 a.m. to 7:00 p.m. access pre- and during the program.

· A table is needed outside of the room to facilitate the registration process.

· An easel, stand, or other appropriate display for the session should be available.

· There must be no change in meeting location for the duration of each program.

III.

DELIVERABLES

· Provide lodging availability and cost for single occupancy lodging.

· Provide food and beverage costs noting “buffet” meals are required.

· Provide meeting room size, description of layout and maximum audience size room can accommodate. Include rental and any “set-up” cost of rooms, and if costs are one-time or daily.

· Provide cancellation/rescheduling clause and fees.

· Provide itemized cost based on requirements above and a full list of prices for audiovisual equipment

· Provide any complementary services, lodging, or food and beverage services offered.

· Provide information on any construction or refurbishment being conducted during the selected dates.

· Provide information (group name and audience size) on other groups currently under contract or holding space at hotel on those dates.

· PLEASE NOTE: Proof of Central Contractor Registration (CCR) is required to apply to this acquisition. Registration can be accomplished at www.ccr.gov.

ATTACHMENT 2

OPM-Specific Clauses

1752.205-70 Announcement of Contract Award (July 2006)

OPM complies with FAR 5.3, Synopses of Contract Awards, in terms of synopsizing and publicly announcing contract awards. These actions take place at the time of, and not before, the contract is awarded. Contract award, in this case, means signature of the contractual document by the Contracting Officer and forwarding of the contractual document to the contract awardee. If the contract awardee wishes to make a separate public announcement, the awardee must obtain the approval of the Contracting Officer prior to releasing the announcement, and must plan to make announcement only after the contract has been awarded.

1752.209-74 Organizational Conflicts of Interest (July 2005)

(a) The Contractor warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(c) The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contacting Office, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(d) The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer.

(e) In the event that a requirement changes in such a way as to create a potential conflict of interest for the Contractor, the Contractor must:

(1) Notify the Contracting Officer of a potential conflict, and;

(2) Recommend to the Government an alternate approach which would avoid the potential conflict, or

(3) Present for approval a conflict of interest mitigation plan that will:

(i) Describe in detail the changed requirement that creates the potential conflict of interest; and

(ii) Outline in detail the actions to be taken by the Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means.

(4) The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed.

(5) If the Contracting Officer determines that it is in the best interest of the Government to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503.

1752.209-75 Reducing Text Messaging While Driving (Oct 2009)

(a) In accordance with Section 4 of the Executive Order, “Federal Leadership on

Reducing Text Messaging While Driving,” dated October 1, 2009, you are hereby encouraged to:

Adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or Government-owned, -leased or –rented vehicles, or while driving privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government; and

Consider new company rules and programs, and reevaluating existing programs to prohibit text messaging while driving, and conducting education, awareness, and other outreach for company employees about the safety risks associated with texting while driving. These initiatives should encourage voluntary compliance with the company’s text messaging policy while off duty.

For purposes of complying with the Executive Order:

"Texting" or "Text Messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication.

"Driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

1752.222-70 Notice of Requirement for Certification of Nonsegregated Facilities (July

2005)

By signing this offer or contract, the contractor will be deemed to have signed and agreed to the provisions of Federal Acquisition Regulations (FAR) Clause 52.222-21, Certification of Nonsegregated Facilities, incorporated by reference in this solicitation/contract. The certification provides that the bidder or offeror does not maintain or provide for its employees, facilities which are segregated on a basis of race, color, religion, or national origin, whether such facilities are segregated by directive or on a de facto basis. The certification also provides that the bidder/offeror does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. FAR Clause 52.222-21 must be included in all subcontracts as well.

1752.222-71 Special Requirements for Employing Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (July 2005)

If this contract contains FAR Clause 52.222-35 (Equal Opportunity for Special

Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans), your company must comply with the requirements of this clause, including the listing of employment opportunities with the local office of the state employment service system.

If this contract contains FAR clauses 52.222-37 (Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans) or 52.222-38 (Compliance with Veterans’ Employment Reporting Requirements), you are reminded that your company must comply with the special reporting requirements described in those clauses. Your company must submit information on several aspects of its employment and hiring of special disabled and Vietnam era veterans or other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. You must submit this information no later than September 30 of each year, in the “Federal Contractor Veterans’ Employment Report” or VETS-100 Report. The U.S. Department of Labor has established a web site for submitting this report. The address is: http://www.vets100.cudenver.edu.

1752.223-71 Environmentally Preferable Products and Services (July 2005)

Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management, requires in agency acquisitions of goods and services (i) use of sustainable environmental practices, including acquisition of biobased, environmentally preferable, energy-efficient, water-efficient, and recycled-content products, and (ii) use of paper of at least 30 percent post-consumer fiber content.

By signing this offer or contract, the contractor will be deemed to have signed and agreed that all goods and services provided under this contract will comply with the above requirements of Executive Order 13423.

1752.224-71 Freedom of Information Act Requests (Sep 2009)

Offerors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore:

All items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked in all documents submitted to the U.S. Office of Personnel Management (OPM or The Government). Marking of items will not necessarily preclude disclosure when the OPM determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable.

No later than five (5) business days after award of a contract, blanket purchase agreement (BPA), or order, the Contractor must provide OPM a redacted copy of the contract/BPA/order in electronic format. This copy will be used to satisfy any requests for copies of the contract/BPA/order under the FOIA. If the Contracting Officer believes that any redacted information does not require protection from public release, the issue will be resolved in accordance with paragraph 3.104-4(d) of the Federal Acquisition Regulation.

Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees.

Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

1752.232-70 Invoice Requirements (Dec 2010)

A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

Name and address of the contractor.

Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of transmission.)

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

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

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

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

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

(8) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

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

The contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

The last four digits of the contractor’s bank account must be shown on each invoice submitted for payment. This information will be used as a cross-reference in situations where the EFT banking information in the Central Contract Registration is suspect.

(iii) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(10) The vendor’s certification that their EFT banking information in the Central Contractor Registration is current, accurate and complete as of the date of the invoice.

(11) Any other information or documentation required by the contract (e.g., evidence of shipment).

Any invoice that does not contain all of the information listed in paragraph (a) above will be rejected as improper, and a new complete corrected invoice must be submitted. The payment due date for the corrected invoice will be calculated from the date it is received in the Prompt Pay e-mail box.

ALL OPM invoices—without exception—must have unique identifying numbers, and be submitted via e-mail to OPM’s Prompt Pay e-mail box at:

PromptPay@opm.gov

Please note that OPM cannot guarantee payment of invoices sent by any other means, such as regular mail or e-mail to other addresses.

Please attach only one invoice to each e-mail, and use the following format for the subject line of the e-mail:

<Contractor name>&<Invoice no>&<Amount>&<Contract Number>/<Call or Order Number>

Example:

ABC Co&AB-1298433&10000.00&OPM00-00-X-0000/X0000

(e) Payment due dates will only be calculated from the date that invoices are received in the Prompt Pay e-mail box.

(f) Inquiries regarding payment of invoices should be e-mailed to InvoiceInquiries@opm.gov. The relevant invoice must be attached to the inquiry e-mail, and the subject line of the e-mail must state “INQUIRY,” followed by the information described in paragraph (d) above.

Example:

INQUIRY: ABC Co&AB-1298433&10000.00&OPM00-00-X-0000/X0000

Do NOT use the Prompt Pay e-mail box for inquiries.

(g) If the supplies, services, technical or other reports are rejected for failure to conform to the technical requirements of the contract, or for damage in transit or otherwise, the invoice will be rejected and returned to the Contractor.

1752.232-71 Method of Payment (July 2005)

Payments under this contract will be made either by check or by wire transfer through the Treasury Financial Communications System at the option of the Government.

The Contractor must forward the following information in writing to the Contracting Officer not later than seven (7) days after receipt of notice of award:

Full Name (where practicable), title, telephone number, and complete mailing address of responsible official(s):

to whom check payments are to be sent, and who may be contacted concerning the bank account information requested below.

The following bank account information required to accomplish wire transfers:

Name, address, and telegraphic abbreviation of the receiving financial institution.

Receiving financial institution's 9-digit American Bankers Association (ABA) identifying number for routing transfer of funds. (Provide this number only if the receiving financial institution has access to the Federal Reserve Communications System.)

(iii) Recipient's name and account number at the receiving financial institution to be credited with the funds. If the receiving financial institution does not have access to the Federal Reserve Communications System, provide the name of the correspondent financial institution through which the receiving institution receives electronic funds transfer messages. If a correspondent financial institution is specified, also provide:

(A) Address and telegraphic abbreviation of the correspondent financial institution.

(B) The correspondent financial institution's 9-digit ABA identifying number for routing transfer of funds.

Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing at least 30 days before the effective date of the change. It is the Contractor’s responsibility to furnish these changes promptly to avoid payments to erroneous addresses or bank accounts.

The document furnishing the information required in paragraphs (b) and (c) must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number

1752.233-70 OPM Protest Procedures [Applicable to Solicitations Only] (Dec 2010)

An interested party who files a protest with OPM has the option of requesting review and consideration of the protest by either the Contracting Officer (CO) or the Senior Procurement Executive (SPE). The protest must clearly indicate the official to whom it is directed.

If the protest is directed to the SPE, a copy of the protest must be sent to the Director of the Contracting Group at the same time the protest is filed with the CO in accordance with FAR 52.233-2. The address of the Director of the Contract Group is:

William N. Patterson, Director

Contracting Group, FSC

U.S. Office of Personnel

1900 E Street N.W., Room 1342

Washington, DC 20415

Review and consideration of a protest by the SPE is an alternative to review and consideration by the CO.

1752.237-70 Non-Personal Services (July 2005)

As stated in the Office of Federal Procurement Policy Letter 92-1, dated September 23, 1992, Inherently Governmental Functions, no personal services shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor must promptly notify the Contracting Officer of this communication or action.

The Contractor must not perform any inherently Governmental actions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee may state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with the contract, Contractor employees must identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee must state that they have no authority to in any way change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

The Contractor must insure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause limits the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause must be included in all subcontracts at any tier.

1752.239-70 Internet Protocol Version 6 (IPV6) (July 2005)

Any information technology product or system procured as a result of this solicitation must be IPv6 Compliant. A compliant product or system must be able to receive process and transmit or forward IPv6 packets and be able to interoperate with other system and protocols in both IPv4 and IPv6 modes.

1752.242-70 Contract Performance Information (July 2005)

Dissemination of Contract Performance Information

The Contractor must not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed must be submitted to the Contracting Officer for approval.

Contractor Testimony

All requests for the testimony of the Contractor or its employees, and any intention to testify as an expert witness relating to: (a) any work required by, and or performed under, this contract: or (b) any information provided by any party to assist the Contractor in the performance of this contract, must be immediately reported to the Contracting Officer. Neither the Contractor nor its employees must testify on a matter related to work performed or information provided under this contract, either voluntarily or pursuant to a request, in any judicial or administrative proceeding unless approved by the Contracting Officer or required by a judge in a final court order.

1752.252-70 OPM-Specific Clause Numbering System (Jan 2008)

In the January 25, 2008, version of the OPM-Specific Clauses, the clause numbers change to conform to the numbering conventions described in FAR 1.303, Publication and Codification. The table below shows the clause number in the January 25, 2008, version (the “New Number”), the clause title, and the clause number in the August 9, 2007, version, revision (the “Old Number”):

New

Number

Number

ATTACHMENT 3

FAR CLAUSES

This is a combined synopsis solicitation for commercial items is prepared in accordance with FAR Subpart 12.6 and 13.5, as supplemented with additional information included in this notice. This announcement/solicitation is unrestricted to both large and small business. This announcement constitutes the only solicitation; offers are being requested, and a separate written solicitation will not be issued. This solicitation incorporates FAR provisions and clauses in effect through Federal Acquisition Circular 2005-46. The NAICS code is 721110, and the small business size standard is $6 million. Incorporated by reference is FAR 52.212-1, Instructions to Offerors - Commercial and Addenda. Offerors must include a completed copy of FAR 12.212-3, Offeror Representations and Certifications - Commercial Items with its offer. This provision may be viewed at: http://orca.bpn.gov. Incorporated by reference is FAR 52.212-4, Contract Terms and Conditions - Commercial Items. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items is incorporated at the beginning of this solicitation. Full text of clauses may be downloaded from www.arnet.gov/far at Part 52. FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items. FAR Clause 52.232-33.

FAR Clause 52.232-18 – Availability of Funds

Availability of Funds (APR 1984)

Funds are presently available for this contract. The Government’s obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

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