Additional_Provisions_and_Clauses.pdf

RFQ-RT-15-00055

1. SITE VISIT AND PRE-QUOTATION CONFERENCE:

A Pre-quotation conference and site visit will be held for prospective quoters. However, due to space and safety limitations, the number of individuals that can go on the site visit will be limited to two (2) individuals per quoter. Due to security precautions, no photography or video recording will be allowed during the site visit. In order for the Government to sufficiently prepare for the site visit, it is critical that each interested company respond by written notification to the contract specialist at least two (2) calendar days prior to the site visit. Please notify the following individual of intent to attend the site visit:

John Liertz, Contracts Specialist E-mail address: liertz.john@epa.gov Telephone: 919-541-5583

Location: EPA Research Triangle Park Main Campus, Main Building 109 T.W. Alexander Dr.

Durham, North Carolina 27711

Date: May 12, 2015

Time: 9:00 a.m., local time

ADDENDA TO FAR 52.212-4

1. CONTRACT CLAUSES BY REFERENCE

The following applicable solicitation provisions and/or contract clauses are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE

52.204-9 JAN 2011 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

52.228-5 JAN 1997 INSURANCE- WORK ON A GOVERNMENT INSTALLATION

52.237-2 JAN 1997 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION

ENVIRONMENTAL PROTECTION AGENCY ACQUISITION REGULATIONS (EPAAR) (48

CFR CHAPTER 15)

1552.203-71 AUG 2000 DISPLAY OF EPA OFFICE OF INSPECTOR GENERAL

HOTLINE POSTER

1552.211-79 JAN 2012 COMPLIANCE WITH EPA POLICIES FOR

INFORMATION RESOURCES MANAGEMENT

1552.237-71 AUG 2000 TECHNICAL DIRECTION

1552.237-76 JUND 1999 GOVERNMENT- CONTRACTOR RELATIONS

mailto:liertz.john@epa.gov

2. AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS (FAR 52.223-17) (MAY 2008)

(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired-

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or At a reasonable price.

Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm.

(End of Clause)

3. OPTIONAL PERIODS OF PERFORMANCE

(a) The Government has the option to extend the effective period of this order for three (3) additional months. If more than thirty (30) days remain in the order’s effective period, the Government, without prior written notification, may exercise this option by issuing a modification. To unilaterally exercise this option within the last 30 days of the effective period, the Government must issue written notification of its intent to exercise the option prior to the last 30-day period. This preliminary notification does not commit the Government to exercising the option.

(b)The optional periods will be as follows:

Option 1: November 1, 2015 through November 30, 2015 Option 2: December 1, 2015 through December 31, 2015 Option 3: January 1, 2016 through January 31, 2016

(c) If options are exercised, the “Period of Performance” clause will be modified accordingly.

4. PERIOD OF PERFORMANCE (EPA-F-12-101)

The period of performance of this contract shall be from June 15, 2015 through October 31, 2015 inclusive of all required reports.

5. CONTRACT ADMINISTRATION REPRESENTATIVES (EPA-G-42-101)

Contract-Level Contracting Officers Representatives (CORs)/Project Officers for this contract are as follows:

[COR/Project Officer] TO BE FILLED IN AT TIME OF AWARD

[Alternate COR/Project Officer] TO BE FILLED IN AT TIME OF AWARD http://www.epa.gov/cpg/ http://www.epa.gov/cpg/products.htm http://www.epa.gov/cpg/products.htm

Contracting Officials responsible for administering this contract are as follows:

Contract Specialist(s) responsible for administering this contract:

John Liertz Mail Code: E 105-02 Phone Number: (919) 541-5583 Fax Number: 919-541-0611 E-Mail Address: liertz.john@epa.gov

Administrative Contracting Officer:

Christian Ford-Cannon Mail Code: E 105-2 Phone Number: 919-541-2147 Fax Number: 919-541-0611 W-Mail Address: Ford-Cannon.Cris@epa.gov

6. IDENTIFICATION OF ON-SITE CONTRACTOR EMPLOYEES (EPA-H-07-102)

All Contractor, subcontractor, and consultant personnel shall wear prominently displayed identification badges at all times when performing work on EPA property or attending meetings in the performance of this contract. The badge shall contain the individual's name, the company name and logo. When participating in such meetings (e.g., as a speaker, panel member), those individuals in Contractor employ must supplement physical identification (e.g., badges, place markers) with verbal announcements so that it is clear to the assembled group that they are employees of the Contractor, not Agency staff members. In addition, when working on EPA property, all contractor, subcontractor, and consultant personnel shall have signs visible on their desks or at their work sites that clearly state that they are not EPA employees.

(End of Clause)

7. NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES ON

ENVIRONMENTAL PROTECTION AGENCY (EPA-H-07-103)

The Contractor shall not perform any of the following activities on behalf of EPA in connection with this contract:

1. The actual preparation of Congressional testimony.

2. The interviewing or hiring of individuals for employment at EPA.

3. Developing and/or writing of Position Descriptions and Performance Standards.

4. The actual determination of Agency policy.

5. Participating as a voting member on a Performance Evaluation Board; participating in and/or attending

Award Fee meetings.

6. Preparing Award Fee Letters, even under typing services contracts.

7. The actual preparation of Award Fee Plans.

8. The preparation of documents on EPA Letterhead other than routine administrative correspondence.

9. Reviewing vouchers and invoices for the purposes of determining whether costs, hours, and work performed are reasonable.

10. The preparation of Statements of Work, Work Assignments, Technical Direction Documents, Delivery

Orders, or any other work issuance document under a contract that the contractor is performing or may perform. Such a work issuance document, prepared by an EPA prime contractor under an EPA prime contract for its subcontractor, is exempt from this prohibition.

11. The actual preparation of responses to audit reports from the Inspector General, General Accounting https://eas.epa.gov/liertz.john%40epa.gov https://eas.epa.gov/Ford-Cannon.Cris%40epa.gov

Office, or other auditing entities.

12. Preparing responses to Congressional correspondence.

13. The actual preparation of responses to Freedom of Information Act requests, other than routine, non judgmental correspondence.

14. Any contract which authorizes a contractor to represent itself as EPA to outside parties.

15. Conducting administrative hearings.

16. Reviewing findings concerning the eligibility of EPA employees for security clearances.

17. The actual preparation of an office's official budget request.

8. ENVIRONMENTALLY PREFERABLE PRACTICES (EPA-H-23-101)

The contractor shall, to the greatest extent practicable, utilize environmentally preferable practices in its course of business. "Environmentally preferable" is defined as products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service. Consideration of environmentally preferable practices must be consistent with price, performance, availability, and safety conditions.

9. INSURANCE-WORK ON A GOVERNMENT INSTALLATION (EPA-H-28-106)

The Contractor's insurance requirements of Clause 52.228-5, Insurance--Work on a Government Installation (JAN 1997), shall be as follows:

At a minimum, the Contractor shall procure and maintain the following types and amounts of insurance:

a. Workmen's compensation and occupational disease insurance in amounts sufficient to satisfy Federal and State laws;

b. Employer's liability insurance of at least $100,000, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers;

c. General liability insurance for bodily injury liability coverage written on the comprehensive form of policy of at least $500,000 per occurrence; and

d. Automobile liability insurance written on the comprehensive form of policy providing for bodily injury and property damage liability covering the operation of all automobiles used in connection with performance of the contract of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

10. TEMPORARY CLOSURE OF EPA FACILITIES (EPA-H-42-103)

(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).

(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.

COMMERCIAL CLAUSE

1. (FAR52.212-5) CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS

(APR 2015) Fill-In Information for 52.222-42:

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage -- Fringe Benefits Laborer, Grounds Maintenance WG-3, step 2 $14.12 36.25% (Fringe) Pruner WG-2, step 2 $12.99 36.25% (Fringe) Tractor Operator WG-5, step 2 $16.51 36.25% (Fringe) Trail Maintenance Worker W G-2, step 2 $12.99 36.25% (Fringe) Pest Controller WG-7, step 2 $18.77 36.25% (Fringe)

LIST OF ATTACHMENTS

1. Performance Work Statement

2. Area Drawing

3. EPA-RTP IPM Plan

4. EPA-RTP SWPP Plan

5. QASP

6. Deliverables

7. Wage Determination

ADDITIONAL SOLICITATION PROVISIONS

1. CONTRACT PROVISIONS BY REFERENCE

The following applicable solicitation provisions and/or contract clauses are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

52.237-1 APR 1984 SITE VISIT

ENVIRONMENTAL PROTECTION AGENCY ACQUISITION REGULATIONS (EPAAR) (48

CFR CHAPTER 15)

1552.233-70 JUL 1999 NOTICE OF FILING REQUIREMENTS FOR AGENCY

PROTESTS

2. RECOVERED MATERIAL CERTIFICATION (FAR 52.223-4) (MAY 2008)

As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

(End of Provision)