FINAL_Synopsis_ _Solicitation.pdf

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52.212-1 Instructions to Offerors - Commercial Items. (SEP 2006)

Failure to submit any of the requested information or follow any of the stated guidelines will result in the proposal being determined technically unacceptable without being evaluated.

Only questions received by the government to the attention of Amy McCormick at contracts@csb.gov by 5:00 pm ET on Friday, September 20, 2013 will be answered.

Only proposals received by the government to the attention of Amy McCormick at 2175 K St, NW, Suite 400, Washington, DC 20037 by 5:00 pm ET on Friday, October 4, 2013 will be evaluated.

The government anticipates that negotiations will be required but reserves the right to make an award without negotiations.

An offeror must submit each of the following as part of a complete proposal package.

Each section (a, b, c) must be independent of one another and there must be no duplication of information anywhere.

The total written proposal package including cover page, pricing form 1449, and written non-price proposal may not exceed 25 pages in length. Therefore, the proposal package must contain 1-25 written pages (single or double spaced, 10-point font minimum) and 4 videos.

a) Cover Page – Including the following information at minimum.

1. Company Name as it appears in SAM.gov

2. Company DUNS Number

3. Company Point of Contact (POC) for this acquisition including name, title, phone number, and email

b) Price Proposal

c) Non-Price Proposal

1. Technical Approach

2. Quality Assurance Plan

3. 4 Sample Videos

4. Sample Videos Descriptions

52.212-2 Evaluation - Commercial Items. (JAN 1999)

Award will be made to the responsible offeror whose proposal is determined to be the best overall value to the government. The government will consider awarding at a slightly higher price only to receive superior technical quality. The Contracting Officer will use the technical merits of each proposal and the price to determine the successful offeror. As technical merit becomes more equal, price may be the deciding factor. As the price becomes more equal, technical merit may be the deciding factor. The technical evaluation team will determine the technical merits of each proposal and provide a written summary of the evaluation results to the Contracting Officer. The Contracting Officer will determine what trade-off between technical merit and price promises the greatest value to the government.

Price Proposal:

� Provide a firm fixed hourly rate for each labor category provided for one (1) base and four (4) option years based on the estimate of required hours needed.

The pricing must be entered on the form 1449 provided. At a minimum, a projected hourly and annual rate for the positions listed on the pricing sheet must be completed for the quantity specified.

Non-Price Proposal Evaluation Factors:

� Technical Approach: The offeror shall provide a detailed action plan for carrying out the services as described in the PWS. This plan must demonstrate how the offeror will use sound business practices, qualified personnel, in-depth knowledge and experience, and communication skills to carry out the tasks listed in the PWS. The technical approach will be evaluated based on logic, efficiency, organization, and the demonstration of the offeror’s ability to effectively perform services and help the CSB achieve its goals.

� Quality Assurance Plan: The offeror shall provide a detailed plan for ensuring that services are performed to the highest level of quality possible and how performance problems will be resolved. The plan will be evaluated based on the offeror’s demonstration that they can efficiently deliver quality services and effectively resolve problems in a timely business manner.

� Sample Videos: An integral component of the contractor’s work will be to develop videos that recreate complex, highly technical, chemical process accidents based on technical reports, accident photographs, engineering drawings and schematics, witness accounts, and descriptions from CSB investigative staff. The offeror must provide four (4) sample videos that the offeror has previously produced, as described below. Each video must be directly related to industrial chemical process safety and must include sequences of computer-generated animation that depict complex industrial chemical processes. Each video must be provided in DVD format. Each video must comply with the specified time requirements outlined below:

� 3 videos shall be 10 minutes to 30 minutes in length each � 1 video shall be 30 minutes to 60 minutes in length

Offerors may only submit sample videos for which they and/or their subcontractors were primarily responsible for overall project management, production, content, gathering of visual elements, scripting, filming, editing, special effects and animations, sound and color correction, field work, and post-production including any DVD mastering or development of video formats for web or broadcast. The videos will be evaluated based on ability to meet the content requirements and objectives of existing CSB safety videos (see www.safetyvideos.gov for examples) and on overall quality, including:

script quality, use of clear terms and language, quality of video editing, quality of DVD packaging and labeling, DVD menu quality, quality of video text and graphics, creative use of visual elements, technical accuracy, color and sound quality, quality of narration, quality of safety content and messaging, lighting, accuracy and detail of computer animations of chemical processes, quality of interviews, appropriate use of music and sound effects, quality of special video effects, and overall clarity of communication to audiences potentially ranging from senior industry executives to operators to government officials.

� Sample Videos Descriptions: Each video must have an accompanying written description of why the video was produced, when it was produced, what the goals of the video were, and what specific roles the offeror and/or its subcontractors played in the production of the video. The descriptions must be clearly marked and easily matched to one of the 4 videos above. These descriptions will not be evaluated independently. They will be used to assist in the evaluation of the videos.

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PERFORMANCE WORK STATEMENT (PWS)

PUBLIC AFFAIRS SUPPORT AND VIDEO PRODUCTION

BACKGROUND

The U.S. Chemical Safety Board (CSB) is an independent, non-regulatory, federal agency with the mission to investigate chemical accidents and recommend actions to prevent future accidents — protecting workers, the public, and the environment. The agency was authorized by Congress in the Clean Air Act Amendments of 1990 and was first funded in 1997.

Our independent, scientific investigations bolster efforts by government, industry, labor, and communities to prevent chemical accidents.

CSB’s mission is accomplished through three strategic goals, outlined in the agency’s Strategic Plan for fiscal years 2012-20161:

� Conduct incident investigations and safety studies concerning releases of hazardous chemical substances.

� Improve safety an environmental protection by ensuring the CSB recommendations are implemented and by broadly disseminating CSB findings through advocacy and outreach.

� Preserve the public trust by maintaining and improving organizational excellence.

The CSB also conducts research, advises industry and labor on actions they should take to improve safety, and makes recommendations to local, state, and federal agencies such as the U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA), the key federal entities regulating industries using chemicals.

OBJECTIVE

The objective of this solicitation is to obtain the services of a contractor who can supply video production services and public affairs/media support services that are central to the accomplishment of the CSB’s strategic goals. The video and public affairs contract plays an important role in promoting the agency’s strategic

1 The CSB’s strategic plan is available on the internet at http://www.csb.gov/assets/1/7/Final_Strategic_Plan_.pdf goals by providing effective communication between the CSB and the public and other stakeholders.

SCOPE

This contract will require a video production/public affairs firm to support the CSB’s Office of Congressional, Public, and Board Affairs. This office plays an important role in the CSB’s mission to prevent chemical accidents. Work will be performed at the Contractor’s offices, the CSB’s offices in Washington, DC, and at various locations throughout the United States on an as-needed basis.

Approximately 75% of the total work effort takes place at the CSB offices in Washington, DC or in the Contractor’s offices.

The Contract will be required to have office space in the Washington, DC metro area.

An important part of the contractor’s activities will revolve around the production of high quality chemical process safety videos. The CSB safety videos include computer animations, interviews from key experts, board members, and investigators. The contractor is required to have the appropriate staff/subcontractors in place to accomplish full production and distribution of the CSB’s videos. The completion of the videos shall generally correspond with the release of the CSB’s final investigation report. Example video’s can be viewed at: www.safetyvideos.gov.

TASKS

Tasks 1-10 are activities that the Contractor must have the capability to perform.

Specific tasks will be initiated as required through the issuance of task orders:

1. The Contractor shall provide video development, production, and distribution services for the CSB. Each video, typically 5-60 minutes in length, is based on the findings and recommendations of one or more CSB accident investigations or studies. Examples may be found at www.safetyvideos.gov. Activities for this task include, but are not limited to:

� Developing a project plan, schedule, and budget for each video � Developing video scripts based on CSB draft reports � Identifying, licensing, and obtaining news footage, photographs, and other visual material � Developing sophisticated, accurate, forensic computer animations depicting accidents, based on actual chemical plant layouts and designs as described in investigation reports

� Indentifying and screening witnesses and experts to appear in videos � Scheduling and preparing interviews � Studio rental

� Videotaping and transcribing of interviews � Providing film crews, producers, and field teams in remote locations as needed to develop video elements � Developing graphic designs, logos, and slides to be incorporated into videos � Digital video editing, using the contractor’s equipment and/or the

CSB’s video editing system � Obtaining professional narration services � Professional color and audio correction services � Screening partial and complete video sequences for internal or external stakeholders and assimilating comments and changes � DVD mastering and menu design � Designing packaging and labeling for DVD’s � Encoding of videos for internet-based distribution � DVD reproduction and distribution o The contractor needs to have the capability to distribute approximately 20,000 safety videos annually to U.S. and international addresses using data from an online request system from www.CSB.gov.

At the outset of each video project, the contractor shall develop and submit an outline of the video (including approximate length, description of computer animation, key video elements and interviews), a project schedule, and a projected budget to the Contracting Officer’s Representative (COR) as deliverables. The contractor would then be required to make revisions or corrections identified as necessary by the COR’s review of the deliverables. The project schedule should emphasize critical deadlines and points of interaction with agency personnel, to ensure that videos can be completed in tandem with investigation reports.

2. The Contractor shall prepare news releases, editorials, journal articles, speeches, correspondence, slide presentations, web pages, brochures, videos, talking points, publicity photos, and other materials to support the CSB’s media and public affairs program. Subject matter may include the CSB’s ongoing investigations, hazard studies, safety recommendations, accident prevention programs, interactions with other government bodies, and other areas as directed by the COR. All such materials must be approved by the COR prior to public dissemination and must be plainly identified as having been issued by the CSB, an agency of the U.S.

Government.

3. The Contractor shall periodically be deployed to the sites of chemical accidents along with CSB investigators and Board Members to provide media support during various phases of accident investigations. With the approval of the COR, the Contractor may subcontract parts of this function to qualified local firms or individuals. The CSB estimates approximately five (5) trips per year. The Contractor must be able to deploy to an accident site within 24 hours of the event.

4. In accordance with project plans approved by the COR, the Contractor shall identify and communicate with members of the news media to provide information, assist with news story, editorials and feature ideas, and increase public awareness and understanding of the CSB’s statutorily-authorized mission, activities, accomplishments, and challenges in achieving agency goals and furthering safety objectives. When performing such activities for this task, the Contractor must always clearly identify him/herself as working on behalf of the CSB, an agency of the U.S. Government.

5. The Contractor shall provide public affairs support for CSB public meetings including: (a) Board public meetings under the Sunshine Act, (b) community meetings and public hearings, (c) presentations and briefings before Congressional or other audiences, and (d) other public or stakeholder meetings as appropriate. Support activities may include locating, arranging, and preparing meeting venues; generating announcements, advertisements; contacting stakeholders to assure their participation; identifying and contacting potential speakers;

providing/coordinating audiovisual and/or webcasting services; handling media inquiries; and writing, rehearsing, editing, and reviewing CSB presentations and materials.

6. The Contractor shall provide public affairs support for CSB news conferences including: (a) outreach to members of the media, (b) preparation of statements to the media, (c) presentation preparation with CSB spokespeople, and (d) audio visual equipment coordination.

7. The Contractor shall develop materials for the CSB’s website, including for example, descriptions of the Board’s mission, investigations, recent chemical accidents, ongoing activities, and public meetings. The typical IT format used will be MS Word, sometimes with graphical content (e.g.

Adobe Creative Suite).

8. The Contractor shall provide media and public affairs training for CSB board members, investigators, and other staff who regularly interact with media. Training may include presentation training, media advice, on-camera exercises, and speaking and vocal exercises.

9. The Contractor shall identify and obtain television, radio, newspaper, internet, and magazine clippings that describe CSB activities and will distribute these to the COR and additional agency staff, as appropriate.

As requested by the COR, the Contractor shall provide advice and recommendations on the effectiveness of various media campaigns.

10. The Contractor shall perform other related public affairs tasks as directed by the COR. Other activities may include, but are not limited to:

� Developing written plans and strategy documents, participating in CSB planning meetings on public affairs, media, and outreach strategies

� Providing advice and recommendations on strategies for using emerging digital communications media, blogs, web sharing sites, and social media

� Performing research to identify appropriate members of the media to notify of specific Board activities and initiatives, e.g. based on geographic or subject-matter relevance

� Identifying and contacting residents around accident sites, community organizations, company representatives, local officials, and other parties as directed by the COR

� Generating and provide media lists or databases for CSB investigations and other activities

GENERAL ORDERING PROCEDURES

Task Proposal Requests All work and services to be performed under this contract will be initiated by a task proposal request to be issued by the COR to the contractor. The task proposal request will specify, at a minimum, the following information:

a. A description of the work to be performed

b. The desired period of performance or required completion date

c. Performance Requirements Summary

d. The date and time the Contractor’s proposal is due

e. The order type.

The task proposal request neither commits the Government to pay any costs incurred in the submission of any proposal or in making necessary studies for the preparations thereof, nor does it commit the Government to issue a task order for such services. The Contracting Officer (CO) is the only individual who can commit the Government to the expenditure of public funds in connection with this contract.

Task Proposals The Contractor shall provide a written response (task proposal) to the task proposal request within ten (10) calendar days, unless otherwise specified in the task proposal request. The Contractor’s written response shall consist of the following at minimum:

a. A technical proposal specifying the Contractor’s approach to performing the required work

b. A Quality Control Plan specific to the order

c. A detailed work schedule identifying all significant milestones and deliverables, including completion dates

d. A price proposal for the required work on a labor-hour, or time-and-materials basis. The price shall be calculated using the appropriate rates and unit prices agreed to in the contract along with any estimate of the required materials. The Contractor shall identify each category of labor required to perform the work and the corresponding number of hours for each category.

The Government may enter into discussions with the Contractor regarding the task proposal for purposes of negotiating the technical approach, proposed staffing hours, or any other issues.

If the performance of a task extends beyond a contract year, the price of the task will remain the same as initially proposed and accepted. If the contract pricing for the option year increases, the Contractor may use the option year pricing to calculate the cost for the work projected for the option period in the original task proposal.

Task Orders The Government will issue task orders under this contract. Task orders will be issued on a labor hour or time-and-materials basis.

Should the Government determine to proceed with the work identified in the task proposal request, a task order will be issued by the CO to specify the work to be performed by the Contractor. All task orders will be unilateral. Task orders will be transmitted by electronic mail. At a minimum, each task order issued under this contract will include the following:

a. A task order number

b. A description of the work to be performed

c. The work schedule, period of performance, or required completion date

d. The Performance Requirements Summary

e. The not-to-exceed amount for labor-hour or time-and-materials orders

f. The obligation of funds

g. The payment schedule/terms

h. The deliverables

PERIOD OF PERFORMANCE

The solicitation will result in a contract with a period of performance that consists of a base year plus four consecutive one-year renewal options, which may be exercised unilaterally by the Government. The anticipated period of performance is as follows:

Base Year: December 1, 2013 – November 30, 2014 Option Year 1: December 1, 2014 – November 30, 2015 Option Year 2: December 1, 2015 – November 30, 2016 Option Year 3: December 1, 2016 – November 30, 2017 Option Year 4: December 1, 2017 – November 30, 2018

The schedule for completion of work to be performed under this contract will be delineated in each task order issued under this contract.

PROGRESS REPORTS:

Throughout the entire period of performance under this contract, the Contractor shall prepare and submit to the COR, a monthly progress and status report by the 5th of each month.

Each report shall include the following basic information:

� Title of report

� Contract and Task Order numbers

� Contractor’s name and address

� Date of report

� Reporting period

� Name of the individual preparing the report

� Description of progress made during the reporting period on all open task orders, including significant accomplishments; problem areas, if any; and recommendations, if any

� Update on resolution of any problems described in previous reports

� Notice of any anticipated deviations from previously established technical plans, cost estimates, and/or completion schedules

� Summary of task orders closed, and deliverables completed and delivered, during the reporting period

� Summary of labor hours expended and hourly fees billed, for the reporting period and cumulatively, broken out to identify labor categories, specific contractor personnel, and the number of hours expended/fees billed by each

� Itemized summary of any non-labor costs billed to the CSB for the reporting period and cumulatively

� For each active video in production, a summary of the current and the cumulative costs billed, compared to the initial budget for the video

� In addition to the monthly progress reports, the Contractor shall promptly report to the COR any noteworthy accomplishments, significant problems, and/or other matters requiring the CSB’s immediate attention. The COR may ask the Contractor for informal progress updates at any time

CONTRACT TYPE:

This contract will be based on task orders that are executed on a labor-hour, or time and materials basis. Any travel expenses will be reimbursed in accordance with federal travel regulations.2 Travel between the Contractor’s office and the CSB Washington, DC office will not be reimbursed.

CONTRACTING OFFICER AUTHORITY:

In no event shall any understanding or agreement between the contractor and any government employee other than the appointed CO on any contract modifications, change orders, letter or verbal direction (other than direction within the scope of the COR’s authority) to the contractor be effective or binding upon the government. All such actions must be formalized by the proper contract modification executed by the appointed CO. The contractor is hereby put on notice in the event a government employee other than the CO directs a change in the work to be performed or increases the scope of work to be performed, it is the contractor’s responsibility to make inquiry of the CO before making the deviation.

PAYMENT:

The Contractor shall invoice the CSB for payment. Payment will be authorized upon completion of the work covered by the invoice and the CSB COR's determination that the deliverables meet the requirements set forth in this Performance Work Statement.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

1. The COR will summarize and document the Contractor’s performance in the three categories listed below (evaluation based on meeting the requirements of this PWS and the contractor submitted Quality Assurance Plan):

a. Quality of service

b. Business relations

c. Timeliness of performance

2 Federal travel regulations are available at www.gsa.gov/ftr.

2. Surveillance Method: Random Evaluation. This method employs a “spot check” style of evaluation and may be adjusted, based on quality trends.

The Government retains the right to inspect all requirements of the contract. Unacceptable performance will be recorded and the Contractor shall be required to correct the unacceptable condition within a 24-hour time period. If the Contractor does not correct the unacceptable condition within 24-hours, the COR will notify the Contracting Officer who will take appropriate administrative action for unacceptable performance. When an observation indicates defective performance, the COR will require the Contractor to initial the observation. The initialing of the observation does not constitute concurrence with the observation; it only indicates acknowledgement that the Contractor has been made aware of a potentially defective performance.

CONFIDENTIALITY:

The contractor, contractor personnel, and subcontractors assigned to this contract, will be required to execute a confidentiality agreement with the CSB.

ADDITIONAL TERMS:

Performance under this contract shall be subject to the following additional terms, which are hereby incorporated into the contract:

1. Public Release of Information The contractor shall submit any proposed public release of information pertaining to its work for the CSB to the General Counsel of the CSB for approval prior to release. The contractor shall release no such information without prior written approval from the CSB General Counsel.

2. Personnel Security Requirement The contractor, contractor personnel assigned to perform work for the CSB, and any subcontractors shall execute a non-disclosure agreement as a condition for granting any such party access or potential access to trade secrets and confidential business information.

3. Contractor Testimony The contractor shall immediately report to the General Counsel of the CSB any and all requests for the testimony of the contractor, its personnel, and/or subcontractors, and any intention to testify as a witness relating to: (a) any work required by and/or performed for the CSB; (b) any information or data produced by the contractor in the course of its work for the CSB; or (c) any information provided by any individual or entity to assist the contractor in performing work for the CSB. All requests for the testimony of the Contractor, its personnel, and/or subcontractors that fall within the scope of 40 C.F.R. part 1611 shall be handled in accordance with the provisions of that regulation.

4. Organizational Conflicts of Interest

a. The contractor, its personnel, its subcontractors, and any other person or entity performing work for the contractor on behalf of the CSB, shall execute a certification of non-conflict of interest. Such executed certification constitutes the signatory’s acknowledgement that he/she has read and understands the requirements of this clause and agrees to abide by its terms.

b. The contractor and its personnel performing work for the CSB under this contract should not be placed in a conflicting role because of current or planned interests (whether financial, contractual, organizational, or otherwise), which relate to the work performed under this contract, nor should the contractor obtain an unfair competitive advantage over other parties by virtue of its performance under this contract.

c. The contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or in the alternative, warrants that it has fully disclosed all such relevant information. Additionally, during the term of this contract, the contractor agrees to forego entering into any other contractual arrangements with any firm or organization, the result of which may give rise to a conflict of interest with respect to the work being performed under this contract. The contractor shall ensure that all agents, employees, and subcontractors retained for any purpose under this contract abide by the provisions of this entire clause. If the contractor has reason to believe, with respect to itself or any of its agents, employees, or subcontractors, that any proposed contractual arrangement with any firm or organization may involve a potential conflict of interest, the contractor shall obtain the written approval of the Contracting Officer and the General Counsel of the CSB before the execution of such contractual arrangement.

d. The contractor further agrees that if, after it commences work for the CSB, it discovers organizational conflicts of interest with respect to this contract, it shall make an immediate and full disclosure in writing to the Contracting Officer and the General Counsel of the CSB. It is agreed that this disclosure will include a description of the action that the contractor has taken or proposes to take to avoid or mitigate the conflicts. The contractor shall continue performance until notified by the Contracting Officer of any contrary and/or supplemental action to be taken.

e. It is the specific responsibility of the contractor to ensure that any and all subcontractors, and any subcontractors' employees, are free from conflicts of interest. The contractor warrants that no subcontractors already identified, or any of their subcontractors' employees, have an identifiable conflict of interest. It is further agreed that, in the event a conflict of interest is discovered after award of the subcontract, the same rules for disclosure, and all of the same remedies open to the CSB, described below, remain binding. The contractor further agrees to insert in each subcontract or agreement done in furtherance of this contract, provisions which shall conform substantially to the language of this entire clause.

f. During the period of performance under this contract, and for six (6) months after the last day of that period, the contractor specifically agrees not to represent, assist, be employed by, or otherwise perform any services or functions for any entity or individual that is the subject of a CSB investigation or for such entity’s or individual’s agents, insurers, or successors in interest (but only to the extent that work for such agents, insurers, or successors in interest would pertain to the incident under investigation by the CSB).

g. Notwithstanding the immediately foregoing prohibitions, the Contracting Officer and the General Counsel of the CSB may authorize the contractor to solicit or perform this general type of work if the Contracting Officer and the General Counsel determine that the situation will not pose a potential for bias or unfair competitive advantage, and that the Contracting Officer and the General Counsel of the CSB approve of the proposed solicitation or work.

h. For breach of any of the above restrictions, or for intentional nondisclosure or misrepresentation of any relevant conflicts of interest required to be disclosed concerning this contract, or for such erroneous representations that necessarily imply bad faith, the CSB may terminate the contract for default, disqualify the contractor from subsequent contracts, and pursue other remedies permitted by law or this contract. Notwithstanding these remedies, however, the CSB may always terminate the contract for convenience, in whole or in part, if termination is in the best interests of the government.

5. Proprietary Rights The contractor agrees that all property rights, including publication rights, in the information and materials produced by the contractor for the CSB shall vest in the government. Information and materials shall include, but not be limited to:

progress reports, source data, plans, systems analyses, reports, extracts, test data, and procedures.

Instructions: This form must be completed and signed before work commences by an authorized representative of the corporate entity. The form on the next page must be completed by all personnel on the entity. If this is a sole proprietorship, the contractor should mark the sole proprietorship box in this form and need not fill out the form on the second page if the sole proprietor will be the only individual working on the contract.

CERTIFICATION OF NON-CONFLICT OF INTEREST

FOR CONTRACTOR ENTITY

I, _____________________________ certify that I am a duly authorized representative of

_____________________________, a

Check one: [ ] LP

[ ] LLC

[ ] Sole Proprietor [ ] Other __________________

I have read, understand, and am authorized to bind, by my signature below, _____________________________, to comply with the provisions of the “Organizational Conflicts of Interest” clause in the Additional Terms of the contract that _____________________________, has entered into with the Chemical Safety and Hazard Investigation Board (CSB).

I further certify that _____________________________, (“the firm”) does not now have, nor do I anticipate that it will have during the period of performance of the contract, any relationship

(financial, contractual, organizational, or other) with any individuals or organizations that would impair the firm’s objectivity to perform work for the CSB in relation to the CSB’s

_____________________________ investigation. Without limiting the preceding general certification, I specifically certify, as of the date below, that the firm does not have, nor do I anticipate that it will have, any conflict of interest regarding its work for the CSB as a result of any relationship with the following entities or individuals: _____________________________

For Contractor:

Signature

Name Date

CERTIFICATION OF NON-CONFLICT OF INTEREST

FOR CONTRACTOR PERSONNEL

I, _____________________________, certify that I have read, understand, and agree to be bound by the “Organizational Conflicts of Interest” clause in the Additional Terms of the contract that

_____________________________ has entered into with the Chemical Safety and Hazard

Investigation Board (CSB).

I further certify that I do not now have, nor do I anticipate that I will have during the period of performance of the contract, any relationship (financial, contractual, organizational, or other) with any individuals or organizations that would impair my objectivity to perform work for the CSB in relation to the CSB’s _____________________________ investigation. Without limiting the preceding general certification, I specifically certify, as of the date below, that I do not have, nor do I anticipate, any conflict of interest regarding my work for the CSB as a result of any relationship with the following entities or individuals: _____________________________

Signature

Name Date

AGREEMENT BETWEENTHE CHEMICAL SAFETY AND HAZARD INVESTIGATION

BOARD AND ______________________________ REGARDING THE PROTECTION AND

NON-DISCLOSURE OF TRADE SECRET AND CONFIDENTIAL BUSINESS

INFORMATION AND OTHER INVESTIGATIVE INFORMATION

The Chemical Safety and Hazard Investigation Board (hereinafter “CSB”), represented by its undersigned official, and ______________________________ (hereinafter “Contractor”) to the

CSB, represented by its undersigned official, the parties hereto, mutually agree to abide and be bound by the terms and conditions set forth below:

1. As evidenced by the signature below and as consideration for the fee to be paid by the CSB for

Contractor’s services, Contractor swears and agrees that it shall not disclose, except to CSB employees (those persons subject to 18 U.S.C. § 1905) or authorized CSB contractors/subcontractors, any information it obtains during the course of its work for the CSB that ______________________________ has designated as a trade secret or confidential business information. Contractor further agrees that the work product it creates for the CSB is solely the property of the CSB, and that it shall not disclose such work product except to CSB employees or authorized CSB contractors/subcontractors, present it in any format at meetings or conferences, or publish or otherwise disclose it in any form without specific written permission from the CSB.

2. As evidenced by the signature below and as consideration for the fee to be paid by the CSB for

Contractor’s services, Contractor further swears and agrees that it shall not disclose, except to

CSB employees or authorized CSB contractors/subcontractors, any information it obtains during the course of its work for the CSB, that describes, explains, or otherwise relates to the CSB’s investigation of the ________________________________ or the CSB’s general investigative methods, techniques, or strategies.

3. The parties to this agreement expressly intend that ______________________________and hereby is made, a third-party beneficiary of the trade secret/confidential business information non-disclosure provisions in paragraph “1.” of this agreement. In the event of a breach of those provisions, ______________________________ will have the right to seek damages and any other appropriate relief against Contractor using whatever action at law or equity it deems appropriate.

4. As evidenced by the signature below, Contractor acknowledges that violation of the provisions of this agreement may result in the termination of its contract with the CSB for default and/or the pursuit of other remedies to which the CSB may be entitled for breach of this agreement.

5. The parties to this agreement intend that the persons affected by the provisions herein include the

CSB, its employees, representatives, and anyone acting on its behalf; Contractor, its employees, representative, and anyone acting on its behalf; and ______________________________ and its corporate parents, subsidiaries, buyers, or successors in interest.

6. This agreement does not apply to any information that is known to the public prior to the date

Contractor signs this agreement, or that independently, without any action by Contractor, becomes known by the public after that date, or is already known by Contractor, from a source other than the CSB, prior to that date.

7. This agreement, including all terms, conditions, promises, and covenants contained herein, is hereby extended to specifically and personally bind the employee(s) of Contractor who will be performing work for the CSB. By the signature(s) below, the named employee(s) of Contractor agrees to abide and be bound by the terms, conditions, promises, and covenants contained in this agreement.

For the Contractor: For the Chemical Safety and Hazard Investigation Board:

Signature

Name Name

______________________________ Contracting Officer’s Representative_ Title Title

Date Date

Employee(s) specifically and personally bound:

Name [print and sign] Date

Name [print and sign] Date

Name [print and sign] Date

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (FEB 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-

3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers 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 offers 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.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search…