RFQ-DC-15-00168_FINAL_5-7-15.pdf

RFQ-DC-15-00168_May 7, 2015 Page 1 of 23

ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, DC 20460

Date: May 7, 2015

RFQ #: RFQ- DC-15-00168

Title: Pilot Testing and Technical Assistance on Energy Savings Plus Health for Schools

Dear Vendor, The U.S. Environmental Protection Agency (EPA), Office of Air and Radiation (OAR) is seeking quotes. This requirement provides training and technical assistance to build the capacity of school energy managers, facility managers and Indoor Air Quality (IAQ) coordinators to pilot the new EPA guidance Energy Savings Plus Health: Indoor Air Quality Guidelines for School Building Upgrades during an energy upgrade or building renovation project.

The EPA will issue this order as a Firm Fixed Price purchase order with one (1) 24-month base period.

WRITTEN SUBMISSION PREPARATION

There are three (3) sections that constitute a complete response to this RFQ. Responses shall conform to all aspects of this RFQ and attached Statement of Work (SOW) and shall be prepared in accordance with the instructions provided. To aid in evaluation, the response shall be clearly and concisely written, as well as being neat, cross-indexed as appropriate and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the vendor, the date, and the RFQ number.

General Submission Instructions

Responses shall consist of the following sections:

Section 1 - Technical Capability, Key Personnel;

Section 2 - Similar Work Performed, Past Performance;

Section 3 - Pricing

The following introductory information is required on the first page of each section:

(a) RFQ number

(b) Company name, address

(c) DUNS number, CAGE number

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(d) Name, telephone number & e-mail address of main point-of-contact

(e) Name, title and signature of authorized representative

(f) Date of submission

The vendor shall provide a table of contents for their quote. The vendor shall identify all attachments or appendices in the table of contents. The vendor shall limit section 1 the technical submission to no more than 10 pages, 8.5 x 11” pages - excluding resumes, key personnel certifications, table of contents, and organizational charts.

The vendor shall provide a succinct project plan that describes the vendor’s ability to satisfy the Government’s requirement as set forth in the SOW, including technical expertise in indoor air quality and energy efficiency; capacity to provide training and technical assistance to school districts on energy efficiency and indoor air quality assessments and improvements; use of standard operating procedures for quality assurance; experience building capacity of school districts to create healthy and energy efficient environments; and ability to assess the effectiveness and potential outcomes of implementing guidance documents.

Submit the labor mix that will be used to complete the tasks listed in this SOW. Provide the definitions of work performed by each labor category and the requirements to be met for the categories, matching them to those in the SOW. Vendors shall include resumes or vitae of key personnel including education and relevant experience. Vendors shall include letters of commitment from potential new hires for Key Personnel, if applicable.

Specify the qualifications of the team (including any subcontractors, if used) explaining how they have the expertise to complete the requirements of the SOW. Documentation of relevant work experience or training for key personnel must reflect similar scope and subject matter to that identified in the SOW and how such correlates to the tasks in the SOW.

The vendor shall identify up to three contracts, which have recently been performed (within the last 3 years), or are currently being performed, which are similar in scope for services of this magnitude and complexity. The Offeror shall provide the following information with respect to each of these contracts:

Contract number, contract type and dollar value

Date of contract award and period of performance

Name, address and telephone number of all applicable contract points of contact

Brief description of contract work, scope, responsibilities, and outcomes

In addition to considering past performance information provided in the vendor’s submission, past performance evaluations may also be based on the vendor’s supplied references, information obtained through federal performance tracking databases, and other information obtained by the Government from other sources.

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In addition, the vendor shall submit a fixed price quote by task. The quote shall provide a breakdown of direct, indirect and other direct costs (ODCs), including travel and the total firm, fixed price proposed for this requirement. Travel shall be billed and reimbursed in accordance with Federal Travel Regulation. Visit www.gsa.gov/ftr for details. The vendor shall provide all diagnostic tools needed to perform the SOW as ODC. School districts will be responsible for all costs associated with their school building energy retrofit or renovation project.

The Government’s estimated level of effort for this requirement is a total of 1080 hours:

40 hours Monthly conference calls

180 hours Identifying and training school districts on Energy Savings Plus Health: Indoor Air Quality Guidelines for School Building Upgrades

600 hours Technical assistance in piloting the use of the Guide with selected school districts

120 hours Information collection and analysis

140 hours Report and article preparation and presentation

EVALUATION CRITERIA

For this requirement, all technical considerations, other than price, when combined, are significantly more important than price and are listed in descending order of importance below.

However, as submissions become more technically equal in their merit, the evaluated cost or price becomes more important.

Responses will be reviewed based on the information presented in the written responses. Such information shall demonstrate the vendor’s qualifications in regard to the technical considerations set forth below, listed in descending order of importance:

o Technical Expertise – The Government will evaluate the vendor’s technical approach: level of knowledge, technical expertise, and overall understanding of the requirement. The vendor shall demonstrate knowledge of the design, operation and maintenance of school buildings to ensure good indoor air quality and energy efficiency; capacity to provide training and technical assistance to school districts on energy efficiency and Indoor Air Quality (IAQ) assessments and improvements; capacity to design, implement, analyze and publish pilot studies to assess the effectiveness and potential outcomes of implementing indoor air quality guidance; and demonstrate use of standard operating procedures for quality assurance.

o Key Personnel - The Government will evaluate the availability and relevant work experience demonstrated by the proposed personnel.

o Experience with Similar Work - The Government will evaluate the vendor’s experience performing projects of a similar size, scope, and complexity. Specifically, the vendor shall demonstrate experience providing training and technical assistance to build the capacity of http://www.gsa.gov/ftr

RFQ-DC-15-00168_May 7, 2015 Page 4 of 23 school districts to implement indoor air quality management practices to create healthy and energy efficient environments.

o Past Performance – The Government will evaluate the vendor’s past performance of projects based upon customer satisfaction with the services provided on past or current projects, including submitting timely and quality written reports and publishing in peer reviewed journals.

Pricing

The Government will evaluate the vendor’s total proposed price for this requirement.

Scoring Plan

The evaluation of technical responses shall be accomplished using the adjectival scoring method, for which definitions are provided below. The values used in the technical evaluation shall be limited to those established in the below:

Outstanding: (O) – Very significantly exceeds and/or addresses most or all of the elements of the evaluation factor. With respect to the evaluation factor, the response surpasses an “Exceeds” rating. The Offeror has clearly demonstrated an understanding of all aspects of the requirements to the extent that timely and highest quality performance is anticipated.

Exceeds: (E) – Fully meets and/or addresses all elements of the evaluation factor and significantly exceeds many of the elements of the evaluation factor. With respect to the evaluation factor, the response exceeds an “Acceptable” rating. The areas in which the offeror exceeds the requirements are anticipated to result in a high level of efficiency, productivity or quality.

Acceptable: (A) - Meets and/or addresses all elements of the evaluation factor. With respect to the evaluation factor, the response is considered complete, comprehensive, and exemplifies an understanding of the scope and depth of the requirements as well as the Offeror’s understanding of the Government’s requirements.

Marginal: (M) – Less than “Acceptable.” There are some deficiencies and/or omissions in the technical response with respect to the evaluation factor and the response does not address or inadequately addresses significant elements of the evaluation factor.

Unacceptable: (U) – With respect to the evaluation factor, the technical response has many deficiencies and/or gross omissions and does not adequately address the evaluation factor.

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DUE DATES

Due to time sensitivity, no inquiries will be accepted. See the supplement document for potential Vendor Questions and EPA Responses.

Electronic copies of your submission shall be received no later than 4:00 PM, Eastern Time, on May 21, 2015. Electronic copies of submission shall be submitted via email in Portable Document File (PDF) format to Contracting Officer (CO) at kim.esther@epa.gov. Paper copies are not required for this RFQ. Be sure to include the RFQ number on the subject line.

Delivery of email messages larger than 10 MB (e.g. message + attachment) may be delayed up to one business day so please plan ahead to ensure timely delivery. Messages larger than 10 MB should be sent in separate emails, each smaller than 10 MB. The EPA also does not accept messages with attachments in compressed format (e.g. zip, rar).

The vendor is responsible for ensuring that their entire submission is received by the designated EPA contact stated above, before the above-listed deadlines. Late responses will NOT be accepted.

INCORPORATION OF VENDOR'S SUBMISSION

The vendor's submission will be incorporated by reference and made a part of this order. In the event of any inconsistency between the provisions of the EPA order and the vendor's submission, the EPA language takes precedence.

mailto:Humphrey.nicole@epa.gov

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STATEMENT OF WORK

Pilot Testing and Technical Assistance on Energy Savings Plus Health for Schools

This Statement of Work (SOW) outlines tasks for the implementation of an U.S. Environmental Protection Agency (EPA) initiative to integrate Indoor Air Quality (IAQ) protections into school building energy upgrades and renovations. IAQ plays a critical role in the health, attendance and academic performance of students and staff. EPA’s new guidance Energy Savings Plus Health: Indoor Air Quality Guidelines for School Building Upgrades (http://www.epa.gov/iaq/schools/energy_savings_plus_health.html) provides a strategy for prioritizing and achieving energy efficiency and IAQ protection goals.

Specifically, the Contractor shall provide training and technical assistance to build the capacity of school energy managers, facility managers and IAQ coordinators to work together throughout the upgrade process, from project planning and design phases through the retrofit or upgrade process to occupancy, to pilot the new guidance.

The Guide is organized in four main sections:

1. Section 1 (Introduction and How to Use the Guide) focuses on the fundamentals of IAQ, the business case for integrating energy efficiency and IAQ, and how to use the Guide.

2. Section 2 (Assessment Protocols and Recommended Actions) provides information and resources, covering 23 priority issues, from the integrated planning process to addressing indoor environmental issues that may stem from radon; heating, ventilation, and air conditioning equipment; and exhaust ventilation, among other concerns.

3. Section 3 (Appendices) provides additional details on project planning and developing a project team, communication and education, and worker protection.

4. Section 4 (Master Verification Checklist) provides a tool to verify that the appropriate assessment protocols and actions have been taken to protect or enhance IAQ during the building upgrade. The Guide is accompanied by a customizable and easy-to-use Energy

Savings Plus Health Checklist Generator to track the IAQ assessment protocols and recommended actions, tailored to the specific retrofit.

The Contractor shall provide technical assistance to selected school districts to utilize the guidance during an energy upgrade or building renovation project (e.g., lighting upgrade, building envelop upgrade, heating, ventilation and air conditioning (HVAC) system upgrade), collect feedback on the usability of the Guide and Checklist Generator tool, and assess the potential benefits related to energy use and indoor air quality.

ESTIMATED PERIOD OF PERFORMANCE

The estimated period of performance for this requirement is 24 months from the date of award with no optional periods.

http://www.epa.gov/iaq/schools/energy_savings_plus_health.html http://www.epa.gov/iaq/schools/energy_savings_plus_health.html

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BACKRGOUND

Nearly 55 million elementary and secondary students occupy our schools, as well as 7 million teachers, faculty and staff. In addition, many communities use school buildings after regular school hours as after-care facilities, recreation centers, meeting places and emergency shelters during natural disasters.

For more than a decade, EPA has made significant strides in protecting children’s health in schools by equipping personnel at the state, district and school level with the necessary knowledge and tools to create healthy indoor environments. The new guidance builds on EPA’s existing programs, such as ENERGY STAR (http://www.energystar.gov/) for schools and Indoor Air Quality Tools for Schools (http://www.epa.gov/iaq/schools/), which helps schools identify, resolve and prevent air quality problems, often with low- and no-cost measures.

Today, half of the schools in the United States have adopted indoor air quality (IAQ) management plans, the majority of which are based on EPA’s IAQ Tools for Schools. However, there are still about 25 million children in nearly 60,000 schools who are not yet protected by IAQ management programs.

A school’s indoor environment can have a significant impact on health and learning. Children, in particular, are more vulnerable to poor environmental conditions, and exposures to environmental contaminants early in life can cause adverse health impacts in children, many with implications well into adulthood.

Studies have demonstrated associations between IAQ and the health and performance of occupants in schools, underscoring the critical role that a school’s indoor environment plays in student achievement. Increased classroom ventilation rates are associated with improved student health and performance, and doubling the ventilation rate from 7.5 cubic feet per minute per person (cfm/person) to 15 cfm/person can improve academic performance by 8 percent.

Well-conceived and coordinated school energy and IAQ management programs can save money and ensure the health and safety of children. The Greening America's Schools: Costs and Benefits report reviewed 30 “green schools” and concluded that the financial benefits of building green schools are 20 times greater than the associated increase in cost.

The payoff from green schools is even greater when considering the costs associated with decreased health from poor IAQ. According to the Centers for Disease Control and Prevention, the economic cost of asthma totals more than $56 billion annually. A large percentage of these costs can be attributed to health care expenditures, lost school days and lost productivity.

School districts can use this guidance to realize the benefits of improved student and staff health and reduced operational costs.

http://www.energystar.gov/ http://www.epa.gov/iaq/schools/ http://www.epa.gov/iaq/schools/ http://www.epa.gov/ncer/publications/research_results_synthesis/ceh_report_508.pdf http://www.techstreet.com/products/1719013 http://www.techstreet.com/products/1719013 http://www.usgbc.org/Docs/Archive/General/Docs2908.pdf http://www.usgbc.org/Docs/Archive/General/Docs2908.pdf http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1240919/pdf/ehp0110-000721.pdf http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1240919/pdf/ehp0110-000721.pdf http://www.cdc.gov/vitalsigns/Asthma/

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PURPOSE

The EPA aims to assist school officials to acquire much needed information on the energy savings and IAQ improvements possible through well-planned and integrated building upgrade and renovation projects. This type of information, training and technical assistance is vital for successful implementation of energy and indoor air quality management programs in schools, and will form the basis of more energy efficient and healthier school buildings across the country.

This SOW focuses on building the capacity of school districts to undertake building upgrade and renovation projects that integrate energy and IAQ goals through technical assistance, training, and information dissemination. It also aims to build regional capacity through the participation of IAQ Tools for Schools past award winners and faculty champions.

The EPA will disseminate the findings of this project through various communication channels (i.e., website, bulletins, publications, workshops, webinars, etc.) and peer reviewed journals.

OBJECTIVES

This SOW has four objectives:

1. Identify and recruit school districts poised to undertake an energy upgrade or other building renovation project and eager to evaluate the energy savings and IAQ improvements realized by their project.

2. Conduct a minimum of five hands on, technical trainings to equip a minimum of five school districts to utilize the guidance in Energy Savings Plus Health: Indoor Air Quality Guidelines for School Building Upgrades in their energy upgrade or building renovation project.

3. In collaboration with a minimum of five school districts, assess the impacts of integrating energy and IAQ in the design and implementation of building upgrade or renovation projects -- including cost, energy and IAQ outcomes, to the maximum extent feasible.

4. Contribute to the understanding of the outcomes of using a holistic and integrated approach, as outlined in the Guide, for school energy retrofits. Provide information on the energy savings and indoor air quality improvements resulting from the use of Energy Savings Plus Health: Indoor Air Quality Guidelines for School Building Upgrades.

TASKS

Task 1: Project Plan and Monthly Conference Calls

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At a minimum, the contractor and EPA will have monthly conference calls to discuss implementation of the SOW.

Task 2: School Energy Savings Plus Health Trainings

The Contractor shall develop a written plan and materials for building the capacity of school districts to implement the guidance Energy Savings Plus Health: Indoor Air Quality Guidelines for School Building Upgrades. The Contractor shall conduct workshops to equip a minimum of five school districts, identified in consultation with the EPA Contracting Officer’s Representative (COR), to utilize the Guide in the design and implementation of a school building upgrade or retrofit project.

Task 3: Pilot Testing and Technical Assistance

The Contractor shall assist a minimum of five school districts, to be identified in consultation with the EPA COR, to use the Guide and Checklist Generator tools in the design and implementation of an actual energy retrofit and/or upgrade project that can be planned and completed, including evaluation, within the period of performance of this contract. The Contractor shall provide technical assistance through a combination of in-person, telephone, and e-mail communication.

Task 4: Information Collection and Analysis

The Contractor shall collect feedback on the usability of the Guide, the outcomes realized through its’ use (e.g., energy use, indoor air quality, worker safety) in each of the five pilot upgrade or renovation projects and determine the results of using an integrated approach to achieve both energy and IAQ protection goals and objectives.

Task 5: Information Dissemination

The Contractor shall prepare written articles for publication in peer reviewed journals and articles and reports for dissemination via EPA communication channels (e.g., newsletters, website, e-mail, and webinars).

DELIVERABLES

1. Written plan and materials to build the capacity of school districts to utilize the guidance Energy Savings Plus Health: Indoor Air Quality Guidelines for School Building Upgrades within 45 days of date of award.

2. Recruitment, selection and training of 5 school districts within 12 months of date of award.

3. Pilot use of the Guide in a minimum of 5 school building upgrade or renovation projects

RFQ-DC-15-00168_May 7, 2015 Page 10 of 23 within 18 months of date of award.

4. Written reports shall be provided to the EPA COR within 30 days after each workshop and pilot. The reports shall detail the number of people trained, the achievement of training objectives, the experiences of the school districts using the Guide, an evaluation of the energy and IAQ outcomes realized during the building upgrade or renovation project, and an assessment of further technical assistance needs.

5. Presentation of the results of the pilot testing at a minimum of two conferences or webinars, scheduled in consultation with the EPA COR, during the project period.

6. Written articles sharing experiences and results of pilot implementation submitted for publication in a peer reviewed journal and EPA communication channels (i.e., website, newsletters) shall be provided to the EPA Project Officer 60 days prior to the project end date.

7. Final written report to the COR 30 days prior to the end of the project, outlining the activities undertaken and recommended next steps for increasing the number of school districts integrating IAQ protections into school building energy upgrades and renovations.

ADDITIONAL REQUIREMENTS

The Contractor shall be required to identify themselves as Contract employees for the EPA. This includes requirements for the Contractor to always identify themselves orally by their name and organization. In meeting the requirements of this Purchase Order, the Contractor shall be in a support role and will not be involved in the development of EPA policy, nor in any other act which is an inherently governmental function.

All reports, articles and results of this Purchase Order will be submitted electronically to the EPA and will be the property of the EPA and available for dissemination to the public through such vehicles as websites, newsletters, webinars and peer reviewed journals.

This work will be completed in accordance with the Information Quality Act/Information Quality Guidelines, and the Environmental Protection Agency's peer review guidance, as required. The links to these guidelines are: http://www.epa.gov/quality/ and http://www.epa.gov/quality/informationguidelines/index.html.

NON-DISCLOSURE REQUIREMENT

ALL contractor employees, agents, subcontractors and subcontractor personnel who will have access to EPA documents or data during the performance of their duties under this contract shall execute the Non-Disclosure Agreement (See Attachment 1) and return it, electronically, to the Contracting Officer and the COR no later than 10 business days after the award.

http://www.epa.gov/quality/ http://www.epa.gov/quality/informationguidelines/index.html

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PROVISIONS & CLAUSES

The following clauses will be incorporated into the issued contract.

CUSTOM CONTRACTING OFFICER’S REPRESENTATIVE

The responsibilities and limitations of the Contracting Officer’s Representative (COR) are as follows:

(1) The COR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports, and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the

Government or authorize any changes, which affect the Contract price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the Contracting Officer. The COR may designate alternate COR(s) to act for the COR by naming such alternate(s) in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

CUSTOM TAX

The Federal Government is exempted from paying taxes. The tax exempt number is 52-085- 2695.

CUSTOM INVOICES – RTP FINANCE

Invoices shall be prepared containing the following information: Purchase Order Number, description of commodities/services furnished, period of performance, taxpayer ID number and amount due.

Invoices shall be submitted to the address specified in block 18a of this order.

OR

Invoices shall be submitted via e-mail to RTPReceiving@epa.gov. Provide the .pdf file with the following naming convention and SUBJECT in email:

SI_PO#_inv#.pdf Example: SI_EP08X00005_5335.pdf

For status of Invoice Payments, call the Financial Office’s Customer Service at (919) 541-0616.

The FedEx/Commercial Courier address for invoices:

US EPA, RTP-Finance (AA216-01) 109 TW Alexander Drive, Durham, NC 27711 mailto:RTPReceiving@epa.gov

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KEY PERSONNEL (1552.237-72) (APR 1984)

(a) The Contractor shall assign to this contract the following key personnel:

The Principal Investigator

Lead Technical Trainer

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) of this clause. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

(End of Clause)

GOVERNMENT-CONTRACTOR RELATIONS (EPAAR 1552.237-76) (JUN 1999)

(a) The Government and the Contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor's personnel. It is, therefore, in the best interest of the Government to afford both parties a full understanding of their respective obligations.

(b) Contractor personnel under this contract shall not:

(1) Be placed in a position where they are under the supervision, direction, or evaluation of a Government employee.

(2) Be placed in a position of command, supervision, administration or control over Government personnel, or over personnel of other Contractors under other EPA contracts, or become a part of the Government organization.

(3) Be used in administration or supervision of Government procurement activities.

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(c) Employee relationship. (1) The services to be performed under this contract do not require the Contractor or his/her personnel to exercise personal judgment and discretion on behalf of the Government. Rather the Contractor's personnel will act and exercise personal judgment and discretion on behalf of the Contractor.

(2) Rules, regulations, directives, and requirements that are issued by the U.S. Environmental Protection Agency under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(d) Inapplicability of employee benefits. This contract does not create an employer-employee relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply.

(1) Payments by the Government under this contract are not subject to Federal income tax withholdings.

(2) Payments by the Government under this contract are not subject to the Federal Insurance Contributions Act.

(3) The Contractor is not entitled to unemployment compensation benefits under the Social Security Act, as amended, by virtue of performance of this contract.

(4) The Contractor is not entitled to workman's compensation benefits by virtue of this contract.

(5) The entire consideration and benefits to the Contractor for performance of this contract is contained in the provisions for payment under this contract.

(e) Notice. It is the Contractor's, as well as, the Government's responsibility to monitor contract activities and notify the Contracting Officer if the Contractor believes that the intent of this clause has been or may be violated.

(1) The Contractor should notify the Contracting Officer in writing promptly, within 7 calendar days from the date of any incident that the Contractor considers to constitute a violation of this clause. The notice should include the date, nature and circumstance of the conduct, the name, function and activity of each Government employee or Contractor official or employee involved or knowledgeable about such conduct, identify any documents or substance of any oral communication involved in the conduct, and the estimate in time by which the Government must respond to this notice to minimize cost, delay or disruption of performance.

(2) The Contracting Officer will promptly, within 7 calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer will either:

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(i) Confirm that the conduct is in violation and when necessary direct the mode of further performance,

(ii) Countermand any communication regarded as a violation,

(iii) Deny that the conduct constitutes a violation and when necessary direct the mode of further performance; or

(iv) In the event the notice is inadequate to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished by the Contractor and the date thereafter by which the Government will respond.

(End of Clause)

PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT (EPAAR 1552.227-76) (MAY 1994)

(a) The Contractor recognizes that Contractor employees in performing this contract may have access to data, either provided by the Government or first generated during contract performance, of a sensitive nature which should not be released to the public without Environmental Protection Agency (EPA) approval. Therefore, the Contractor agrees to obtain confidentiality agreements from all of its employees working on requirements under this contract.

(b) Such agreements shall contain provisions which stipulate that each employee agrees that the employee will not disclose, either in whole or in part, to any entity external to EPA, the Department of Justice, or the Contractor, any information or data (as defined in FAR Section 27.401) provided by the Government or first generated by the Contractor under this contract, any site-specific cost information, or any enforcement strategy without first obtaining the written permission of the EPA Contracting Officer. If a contractor, through an employee or otherwise, is subpoenaed to testify or produce documents, which could result in such disclosure, the Contractor must provide immediate advance notification to the EPA so that the EPA can authorize such disclosure or have the opportunity to take action to prevent such disclosure. Such agreements shall be effective for the life of the contract and for a period of five

(5) years after completion of the contract.

(c) The EPA may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to prevent the unauthorized disclosure of information to outside entities. If such a disclosure occurs without the written permission of the EPA Contracting Officer, the Government may terminate the contract, for default or convenience, or pursue other remedies as may be permitted by law or this contract.

(d) The Contractor further agrees to insert in any subcontract or consultant agreement placed hereunder, except for subcontracts or consultant agreements for well drilling, fence erecting, plumbing, utility hookups, security guard services, or electrical services, provisions which shall

RFQ-DC-15-00168_May 7, 2015 Page 15 of 23 conform substantially to the language of this clause, including this paragraph, unless otherwise authorized by the Contracting Officer.

(End of Clause)

ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION (EPAAR 1552.209-70) (APR 1984)

(a) The prospective Contractor certifies, to the best of its knowledge and belief, that it is not aware of any information bearing on the existence of any potential organizational conflict of interest. If the prospective Contractor cannot so certify, it shall provide a disclosure statement in its response which describes all relevant information concerning any past, present, or planned interests bearing on whether it (including its chief executives and directors, or any proposed consultant or subcontractor) may have a potential organizational conflict of interest.

(b) Prospective Contractors should refer to FAR subpart 9.5 and EPAAR part 1509 for policies and procedures for avoiding, neutralizing, or mitigating organizational conflicts of interest.

(c) If the Contracting Officer determines that a potential conflict exists, the prospective Contractor shall not receive an award unless the conflict can be avoided or otherwise resolved through the inclusion of a special contract clause or other appropriate means. The terms of any special clause are subject to negotiation.

(End of Provision)

ORGANIZATIONAL CONFLICTS OF INTEREST (EPAAR 1552.209-71) ALTERNATE I (MAY 1994)

DEVIATION

(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, as defined in FAR subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) Prior to commencement of any work, the Contractor agrees to notify the Contracting Officer immediately that, to the best of its knowledge and belief, no actual or potential conflict of interest exists or to identify to the Contracting Officer any actual or potential conflict of interest the firm may have. In emergency situations, however, work may begin but notification shall be made within five (5) working days.

(c) The Contractor agrees that if an actual or potential organizational conflict of interest is identified during performance, the Contractor will immediately make a full disclosure in writing to the Contracting Officer. This disclosure shall 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 of interest. The Contractor shall

RFQ-DC-15-00168_May 7, 2015 Page 16 of 23 continue performance until notified by the Contracting Officer of any contrary action to be taken.

(d) Remedies—the EPA may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose it or misrepresented relevant information to the Contracting officer, 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.

(e) The Contractor agrees to insert in each subcontract or consultant agreement placed hereunder, except for subcontracts or consultant agreements for well drilling, fence erecting, plumbing, utility hookups, security guard services, or electrical services, provisions which shall conform substantially to the language of this clause, including this paragraph (e), unless otherwise authorized by the Contracting Officer.

(End of Clause)

Alternate I. Contracts for other than Superfund work shall include Alternate I in this clause in lieu of paragraph (e).

(e) The Contractor agrees to insert in each subcontract or consultant agreement placed hereunder provisions which shall conform substantially to the language of this clause, including this paragraph, unless otherwise authorized by the contracting officer.

UNPAID FEDERAL TAX LIABILITY & FELONY CRIMINAL VIOLATION CERTIFICATION (EPA-H-09-

107) (APR 2012)

(a) In order to meet the requirements of Sections 433 and 434 of Division E of the Consolidated Appropriations Act, 2012 (Pub.L. 112-74) and 2013 Continuing Appropriations Resolution (Pub.L. 112-175), the contractor shall provide the contracting officer a certification whereby the contractor certifies:

(i) It is not a corporation that has been convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal law within the preceding 24 months; and

(ii) It is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

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(b) Failure of the contractor to furnish a certification or provide such additional information as requested by the Contracting Officer may render the contractor ineligible for FY2012 or FY2013 contract funding.

(c) The contractor has a continuing obligation to update the subject certification as required.

(End of Clause)

TEMPORARY CLOSURE OF EPA FACILITIES (EPA-H-42-103) (MAY 2013)

(a)(1) The Environmental Protection Agency observes the following days as federal holidays.

The term “Federal holidays” as used in this clause shall mean only the following enumerated days and any other days hereafter declared National holidays by the President of the United States. Holidays falling on a Sunday will be observed on the following Monday. Holidays falling on a Saturday will be observed on the preceding Friday.

January 1 - New Year’s Day January - Third Monday - Martin Luther King Day February - Third Monday - Washington’s Birthday May - Last Monday - Memorial Day July 4 - Independence Day September - First Monday - Labor Day October - Second Monday - Columbus Day November 11 - Veterans Day November - Fourth Thursday - Thanksgiving Day December 25 - Christmas Day

(2) Holiday observances of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the Contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in the contract.

(b)(1) EPA may close an EPA facility for all or a portion of a business day as a result of:

(i) Granting administrative leave to non-essential EPA employees (e.g., unanticipated holiday);

(ii) Inclement weather;

(iii) Failure of Congress to appropriate operational funds;

(iv) Any other day designated by Federal law, Executive Order or Presidential Proclamation; or

(v) Other reason as determined by the EPA (e.g., designated furlough day for federal workers).

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(2) In such cases, Contractor personnel not determined by the Contracting Officer to be excepted (e.g., not performing mission-critical round-the-clock services/tasks) who are not already on duty at the facility shall not report to the facility. Such Contractor personnel already present shall be dismissed and shall leave the facility.

(3) The Contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of mission-critical services/tasks already in operation or scheduled for performance during the period in which EPA employees are dismissed, and shall be guided by any specific instructions of the Contracting Officer or his/her duly authorized representative. In formulating instructions the Contracting Officer or authorized representative may consider recommendations from regional/local EPA facilities management/operations staff.

(c) When Contractor personnel services are not required or provided due to closure of an EPA facility as described in paragraph (b), the contract price will be adjusted as follows:

(1) For fixed-price contracts, deductions in the Contractor's price will be computed as appropriate for the particular firm fixed price contract in question, e.g.,

(i) The deduction rate in dollars per day will be equal to the per-month contract price divided by 21 days per month.

(In this example, the 21-days-per-month figure was calculated as follows:

365 calendar days/year – 10 Federal holidays – 104 Saturdays/Sundays = 251 days/12 months

= 20.92 days/month, rounded up to 21 days/month)

(ii) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided. If services are provided for portions of days, appropriate adjustment will be made by the Contracting Officer to ensure that the Contractor is compensated for services provided.

(2) For cost-reimbursement, time-and-materials and labor-hour type contracts, EPA shall not reimburse, as direct costs, salaries or wages of Contractor personnel for the period during which such personnel are dismissed from, or do not have access to, the facility.

(d) The Contractor shall place identical requirements, including this paragraph, in all subcontracts that require performance of work on-site unless otherwise instructed by the Contracting Officer.

(End of Clause)

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CLAUSES INCORPORATED BY REFERENCE:

This order may incorporate one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

http://www.arnet.gov/far/ https://www.acquisition.gov/FAR/

DEFINITIONS (FAR.202-1) (NOV 2013)

COVENANT AGAINST CONTINGENT FEES (FAR 52.203-5) (MAY 2014)

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (FAR 52.203-6) (SEP 2006)

ANTI-KICKBACK PROCEDURES (FAR 52.203-7) (MAY 2014)

CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (FAR 52.203-13) (APR 2010)

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (FAR 52.203-17) (APR 2014)

DATA UNIVERSAL NUMBERING SYSTEM NUMBER (FAR 52.204-6) (JUL 2013)

SYSTEM FOR AWARD MANAGEMENT (FAR 52.204-7) (JUL 2013)

SERVICE CONTRACT REPORTING REQUIREMENTS (FAR 52.204-14) (JAN 2014)

CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (FAR 52.212-4) (DEC 2014)

NONDISPLACEMENT OF QUALIFIED WORKERS (FAR 52.222-17) (MAY 2014)

COMBATING TRAFFICKING IN PERSONS (FAR52.222-50) (MAR 2015)

ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (FAR 52.223-

18) (AUG 2011)

RESTRICTION ON CERTAIN FOREIGN PURCHASES (FAR 52.225-13) (JUN 2008)

PAYMENTS (FAR 52.232-1) (APR 1984)

PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT (FAR

52.232-33) (JUL. 2013)

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (FAR 52.232-39) (JUN 2013)

CONTINUITY OF SERVICES (FAR 52.237-3) (JAN 1991)

CHANGES - FIXED PRICE (FAR 52.243-1) (AUG 1987)

SUBCONTRACTS FOR COMMERCIAL ITEMS (FAR 52.244-6) (MAR 2015)

http://www.arnet.gov/far/ https://www.acquisition.gov/FAR/

RFQ-DC-15-00168_May 7, 2015 Page 20 of 23

Attachment 1

NON-DISCLOSURE AGREEMENT

I, _______________________________________, an individual official, employee, consultant, or subcontractor of or to __________________________ (the Authorized Entity), intending to be legally bound, hereby consent to the terms in this Agreement in consideration of my being granted conditional access to certain information, specified below, that is owned by, produced by, or in the possession of the United States Government.

As used in this Agreement, sensitive but unclassified information is an over-arching term that covers any information, which the loss of, misuse of, or unauthorized access to or modification of could adversely affect the national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under Section 552a of Title 5, as amended, but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.

I attest that I am familiar with, and I will comply with the standards for access, dissemination, handling, and safeguarding of the information to which I am granted access as cited in this Agreement and in accordance with the guidance provided to me relative to the specific category of information.

I understand and agree to the following terms and conditions of my access to the information indicated above:

1. I hereby acknowledge that I have received a security indoctrination concerning the nature and protection of information to which I have been provided conditional access, including the procedures to be followed in ascertaining whether other persons to whom I contemplate disclosing this information have been approved for access to it, and that I understand these procedures.

2. By being granted conditional access to the information indicated above, the United States

Government has placed special confidence and trust in me and I am obligated to protect this information from unauthorized disclosure, in accordance with the terms of this Agreement and the laws, regulations, and directives applicable to the specific categories of information to which I am granted access.

3. I attest that I understand my responsibilities and that I am familiar with and will comply with the standards for protecting such information that I may have access to in accordance with the terms of this Agreement and the laws, regulations, and/or directives applicable to the specific categories of information to which I am granted access. I understand that the United States Government may conduct inspections, at any time or place, for the purpose of ensuring compliance with the conditions for access, dissemination, handling and safeguarding information under this Agreement.

RFQ-DC-15-00168_May 7, 2015 Page 21 of 23

4. I will not disclose or release any information provided to me pursuant to this Agreement without proper authority or authorization. Should situations arise that warrant the disclosure or release of such information I will do so only under approved circumstances and in accordance with the laws, regulations, or directives applicable to the specific categories of information. I will honor and comply with any and all dissemination restrictions cited or verbally relayed to me by the proper authority.

5. I hereby agree that material which I have in my possession and containing information covered by this Agreement, will be handled and safeguarded in a manner that affords sufficient protection to prevent the unauthorized disclosure of or inadvertent access to such information, consistent with the laws, regulations, or directives applicable to the specific categories of information. I agree that I shall return all information to which I have had access or which is in my possession 1) upon demand by an authorized individual; and/or 2) upon the conclusion of my duties, association, or support to EPA; and/or 3) upon the determination that my official duties do not require further access to such information.

6. I hereby agree that I will not alter or remove markings, which indicate a category of information or require specific handling instructions, from any material I may come in contact with, unless such alteration or removal is consistent with the requirements set forth in the laws, regulations, or directives applicable to the specific category of information.