1_Section_H.doc

RTAS RFP 08002

Table of Contents

Section H: Special Contract Requirements

Section

Page

1H.1 Type and Term of Contract

1H.2 Authorized Users

1H.3 Minimum Dollar Guarantee and Maximum Contract Limitation

1H.4 Disclosure of Information

2H.5 Internal Revenue Service (IRS): Disclosure of Information – Safeguards and Sanctions

H.6 Reserved H.7 Price Reductions 3H.8 Electronic Access to the Contract

H.9 Protectection of Proposal and Contract Information 4H.10 Key Personnel and Corporate Structure

4H.10.1 Key Personnel

5H.10.2 Reserved

5H.10.3 Organizational Structure

5H.11

6H.12 Credits and Consideration for Failure to Provide Service or Meet Contract Requirements

6H.12.1 Performance

H.12.2 Additional Terms and Conditions for Failure to Provide Service or Meet Contract Requirements

7H.12.3 Retention of Government Rights

7H.13 Tariff Filing Requirements

8H.14 Technological Refreshment Services

9H.15 Other Government Service Contracts and Contractors

9H.16 Taxes

9H.17 Small Business Subcontracting Plan

11H.18 Contractor Performance Information

11H.19 News Releases

12H.20 Permits

12H.21

RESERVED

12H.22 Fraud Prevention Management

12H.22.1 Financial Responsibility for Fraud

12H.22.2 Reserved

12H.23

12H.24 Notice to Proceed

12H.25 Associated Government Fee(s)

13H.26 Other Direct Costs (ODCs)

13H.27 Surcharges and Fees

14H.28 Special Requirements for Work in Areas Containing Asbestos

15H.29 Historic Buildings

H.29.1 Historical Preservation Officer – Public Buildings Service (PBS)

15H.29.2 Historic Buildings Reference Documents

16H.30 Meetings and Conferences

16H.31 U.S. Citizenship Requirements

16H.32 Service Trials

17H.33

17H.34 Discrepancy Resolution

17H.35 Department of Defense Security Classification

17H.36 Accountability of Contract Employees

List of Tables

Table

Page 6Table H.12-1. Credit Allowance Computation

7Table H.12-2. Performance Requirement Reference

7Table H.12-3. Credit Allowance Schedule for Outages

10Table H.17-1. Small Business Subcontracting Goals

H.1 Type and Term of Contract

This contract is a firm fixed price Indefinite-Delivery, Indefinite-Quantity (ID/IQ) type of contract. The effective period of this contract is for a base term of four years from date of award and, at the option of the Government, four successive one-year option years. The acquisition is being conducting in accordance with FAR Part 15.

H.2 Authorized Users

1. This contract is for the use by all Federal agencies and as authorized by law or regulation, state, local, and tribal Governments, and other organizations. All organizations listed in General Services Administration (GSA) Order ADM 4800.2E, Eligibility to Use GSA Sources of Supply and Services, January 3, 2000 (as updated) are eligible.

2. The Government has the right to add authorized users, subject to the constraints specified in Section H.3.

3. The Government is not obligated or required to use this contract to satisfy its requirements for the services described.

H.3 Minimum Dollar Guarantee and Maximum Contract Limitation

1. The Minimum Dollar Guarantee (MDG) for the RTAS Program is $2,500.00 for each contract awardee.

2. The Maximum RTAS Program Revenue Limitation is $75 million ($75,000,000.00). Each contract award will specify the applicable contract ceiling.

3. The Government, at the Government’s option, may satisfy the MDG by any of the following arrangements:

a) Using and paying for the contractor’s services provided under the contract.

b) Direct payment(s) to the contractor.

c) Any combination of use and payment of the contractor’s services and direct payment(s) to the contractor.

4. For purposes of this clause, the MDG and applicable contract ceiling represent the actual dollars rendered for services received plus taxes. The Associated Government Fee is not included in either the MDG or the contract ceiling value.

H.4 Disclosure of Information

1. Any GSA or Government information generated or made available during contract performance shall be used only for the purpose of performing contract requirements and shall not be released or disclosed in any manner, or to any person, except as may be necessary in the performance of the contract.

2. In performance of this contract, the contractor agrees to assume responsibility for protecting the confidentiality of Government records and for ensuring that all work is performed under the supervision of the contractor or the contractor’s responsible employees.

3. Each officer or employee of the contractor to whom information may be made available or disclosed shall be notified in writing by the contractor that information disclosed to such officer or employee can be used only for the purpose and to the extent authorized herein. Use of such information for a purpose or to an extent unauthorized herein may subject the offender to criminal sanctions.

H.5 Internal Revenue Service (IRS): Disclosure of Information – Safeguards and Sanctions

The contractor agrees to comply, and to assume responsibility for its employees’ compliance, with the IRS’s statutory requirements for disclosure of information as specified by the following:

1. All work shall be performed under the contractor’s, or the contractor’s responsible employees’ supervision.

2. Any Federal Tax Return or Return information (as defined in Internal Revenue Code [IRC] 6103[b] [1] and [2]) made available to the contractor shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. Disclosure to anyone other than an officer or employee of the contractor shall require prior written approval of the IRS. Requests to make such disclosures should be addressed to the GSA-Administrative Contracting Officer (GSA-ACO).

3. Each officer, employee, or any other person to whom returns or return information is or may be disclosed shall be notified in writing that returns or return information disclosed to such officer or employee can be used only for the purpose and to the extent authorized herein, and that further disclosure of any such returns or return information for a purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000.00 or imprisonment for as long as five years, or both, together with the costs of prosecution. Such person shall also notify each such officer or employee that any such unauthorized future disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000.00 with respect to each instance of unauthorized disclosure. These penalties are prescribed by IRC Sections 7213 and 7431 and set forth at 26 Code of Federal Regulations (CFR) 301.6103(n).

4. Additionally, the contractor is required to inform its officers and employees of the penalties for improper disclosure that are imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a(i)(1), which is made applicable to contractors by 5 U.S.C. 552a(m)(1), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position, has possession of or access to customer records that contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or disclosure of the specific material is so prohibited, willfully discloses this information to someone who is not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.00.

H.6 Reserved.

H.7 Price Reductions

1. The contractor may reduce contract prices at any time. Price reductions shall be subject to the following conditions:

a) The contractor shall propose all price reductions to the GSA-ACO as a contract modification.

b) The proposed price reduction shall be effective on the first day of a given invoicing period.

c) The proposed price reduction shall be applicable to all Agencies.

d) Price reduction proposals shall include all CLINS, contract pricing tables, and the effective date(s) of the price reduction. The contractor shall provide all revised pricing tables in the specified Government format.

e) Should the Government execute a price reduction modification on a date after the proposed price reduction effective date, in accordance with subsection (1) (b) above, the price reduction shall be deemed to have occurred on the first day of the next invoicing period for that service or if the price reduction is to be retroactive, on the first date of a billing period earlier than that if mutually agreed to by the Government and the contractor.

2. The contractor may waive any non-recurring charge at any time to any customer.

3. The contractor may discount contract ceiling rates on individual service orders during the fair consideration process.

H.8 Electronic Access to the Contract

The Offeror shall maintain a current redacted version of the RTAS contract on a publicly available Internet web site maintained by the Offeror. The Offeror shall be responsible to ensure that current year GSA pricing is posted and publicly available. Offerors agree that current year GSA prices are releasable under the Freedom of Information Act (FOIA).

Offerors are put on notice that GSA may disclose contract pricing information for all contract years, including option years, to:

1.

Personnel of Federal agencies who are purchasing or contemplating purchasing under the contract to satisfy their fair consideration obligations.

2.

Employees of support Offerors that are involved in the administration of the contract, but only after such employees have executed appropriate nondisclosure agreements against further disclosure of such information.

3.

Other customers and consultants to the Government with a need to access the information, but only after such persons have executed appropriate nondisclosure agreements against further disclosure of such information.

The Offeror shall submit both a redacted version and a non-redacted version of the contract and any modifications, including the contractor proposal incorporated by reference in the format requested.

To facilitate this process, the Offeror shall provide deliveries of both electronic and paper copies of the contract and any contract modifications within 30 calendar days after the Notice to Proceed or a contract modification.

Upon GSA-ACO approval, the Offeror shall post the updated contract and correct and repost redactions at no additional cost to the Government.

H.9 Protection of Proposal and Contract Information

In accordance with Federal Acquisition Regulation (FAR) Part 3.104-4 and Part 15.207, the Government will take the necessary and usual steps to maintain the confidentiality of information submitted prior to and after award of the contract . Although Section H.8, advises the contractor of Freedom of Information Act redaction, the contractor is advised that the Government requires all redacted current year unit contract prices be made publicly available during the full contract period (up to 8 years) from the first day to the last day of the contract, and any extension to the period of performance.

H.10 Key Personnel and Corporate Structure

H.10.1 Key Personnel

The offeror shall provide, as part of its proposal, and the contractor shall maintain after award, a list of key personnel and alternates. The Government reserves the option of reviewing and accepting the resumes of the proposed candidates. The contractor shall provide the Government a current list annually, and within seven calendar days of a change necessitating a revision. The contractor shall identify individuals by name selected to fill the following contractor key personnel equivalent roles:

1. Program Manager

2. Contracts Manager

3. Billing Manager

4. Network Manager

5. Security Manager

6. Sales and Marketing

7. Service Ordering Manager

8. Transition Project Manager(s)

9. Customer Service Manager

The contractor shall provide the following information on each key personnel equivalent / and alternate to include, but not be limited to:

1. Responsibilities

2. Office telephone number

3. Cell telephone number (if used)

4. Pager telephone number and PIN (if used)

5. Fax telephone number

6. E-mail address

7. Administrative assistant’s contact information

H.10.2 Reserved.

H.10.3 Organizational Structure

The offeror shall provide as part of its proposal and the contractor shall maintain after award documentation describing its organization. Revised documentation shall be delivered to the Government within 10 calendar days of any change.

This documentation shall include, but not be limited to, the following information:

1. The contractor’s, the contractor’s subsidiaries, and major subcontractors’ organization charts and descriptive text clearly depicting the areas of responsibility assigned to carry out this contract and flow of authority within each organization.

2. Charts that show the functional relationships among organizational elements and identify the positions of key personnel assigned to carry out this contract.

3. Relationship of the highest ranking individual assigned to this contract including the Chief Operations Officer, President, and Chief Executive Officer.

4. Organization charts and plans that clearly depict the areas of responsibility and flow of authority between the contractor and its subsidiaries and/or major subcontractors.

5. Charts and descriptive text indicating the contractual, technical, and administrative interfaces between the Government and the contractor, the contractor’s subsidiaries, and major subcontractors.

6. A description of the contractor’s, the contractor’s subsidiaries’, and the major subcontractors’ managements systems, including the controls and scheduling techniques to be used for ensuring task accomplishment and procedures for ensuring complete coordination of all activities, as well as escalation procedures to be used to ensure task accomplishment.

7. A description of the relationship of the contractor’s, the contactor’s subsidiaries’, and major subcontractors’ organizations, which are responsible for managing both the project and individual activities of the project, to the corporate or “home” office during transition, migration, implementation, and operation. This description shall include a clear definition of the level of authority delegated to the manager of the local organization(s). A description of any corporate or “home” office resources, including manpower, computers, software, shop, service engineering or service development organization, applied research laboratory, etc., to be committed to this contract on an as-needed basis, and the procedures for using these resources, shall be included.

8. A description of organization escalation procedures for resolving critical issues, including points of contact. The list shall be from the task level through the President/CEO of the organization.

H.11 Reserved.

H.12 Credits and Consideration for Failure to Provide Service or Meet Contract Requirements

H.12.1 Performance

When the contractor fails to provide service that satisfies the performance requirements specified in the contract, an extension of the contract, or any service order due to reasons other than “acts of God” or Government fault, the Government shall receive a credit based on the monthly invoice amount that would have been billed to the affected customer had there been no out-of-service conditions. The amount of these credits shall be based on the provisions of this clause.

Credits shall be applicable as set forth in Tables H.12-1 through H.12-3. Table H.12-2 provides the performance references against which Table H.12-1 applies. Table H.12-3 applies separately to all outages.

Table H.12-1. Credit Allowance Computation

Availability

Quality of Service

Table H.12-2. Performance Requirement Reference

Table H.12-3. Credit Allowance Schedule for Outages

Services

Credit per Outage

H.12.2 Additional Terms and Conditions for Failure to Provide Service or Meet Contract Requirements

If services are delayed, the Government may terminate this contract or cancel a service order in whole or in part, under the Default (Fixed-Price Supplies and Services) (APR 1984), FAR 52.249-8. However, the Government may elect not to terminate the contract or cancel the service order and instead accept consideration in lieu thereof. Consideration will be negotiated on an individual-case basis between the Government and the contractor.

H.12.3 Retention of Government Rights

Notwithstanding any provision of this section or any Government action taken under the provisions of this section, the Government retains all rights and remedies available to it under any other provisions of this contract under law.

H.13 Tariff Filing Requirements

1. The contractor shall make all tariff filings or other regulatory filings that are required by law or regulation and that are necessary for contract performance. The contractor shall provide the GSA-ACO with all such tariffs on the same day they are filed. The contractor shall certify that all terms, conditions, and prices in the tariff are as stated in the contract and that the tariff contains nothing inconsistent with the contract. In the event of a conflict, the contract takes precedence over the tariff. The initial tariff filing(s) and any subsequent tariff revision filings shall contain all price and price-affecting components of the contract (e.g., Section B price schedules) to the extent required by law and regulation.

2. The contractor shall make the initial filing required to implement the contract within 60 calendar days after the date of Notice to Proceed. If such filing(s) is not permitted to become effective by a government regulatory body or bodies within 105 calendar days after the date Notice to Proceed, the Government will have the right to partially or entirely terminate the contract without liability.

3. After contract award, except for the initial filing mentioned in paragraph (2) above, the contractor shall provide to the Government advance copies of all revisions to tariffs or new tariffs that specifically pertain to the contract or that may materially affect the Government’s rights under the contract. These shall be provided to the GSA-ACO at least 10 calendar days in advance of the intended filing date. The contractor shall make no revisions to its tariffs that materially and adversely affect the Government’s rights under the contract (including the contract as modified), without obtaining the GSA-ACO’s prior written consent. In the event of a conflict between a tariff and the contract, the contract shall take precedence.

4. If any ruling, order, or determination of a government regulatory body or court of competent jurisdiction shall materially and/or adversely affect the contractor’s ability to offer services under the terms and conditions of this contract, the contractor shall immediately develop a proposal that provides comparable service to the Government at rates equal to or less than those set forth in the contract, and under terms and conditions identical to those set forth in the contract, to the extent permissible under applicable legal and regulatory requirements.

H.14 Technological Refreshment Services During the course of this contract, the Contractor shall propose for the Government’s consideration Technological Refreshment for any product(s) that may become available as a result of technological improvements. The Government may, at any time during the term of this contract or any extension thereof, modify the contract to acquire products, which provide functionality determined to be within the scope of the basic contract, and that the Contractor has formally announced for marketing purposes. The Government may require the contractor to perform a Live Test Demonstration of the product for conformance. The Government is under no obligation to modify the contract in response to the proposed service(s)/product(s). Such services/products may include any part of, or all of, a given system provided that the following conditions are met and substantiated by documentation in the Technological Refreshment proposal:

1. The proposed product(s) shall meet all of the technical specifications of this document.

2. The proposed product(s) shall have capacity, performance, or functional characteristics equal to or greater than the available service(s)/product(s) to be replaced.

3. The proposal shall discuss the impact on training, maintenance, documentation, other software, other hardware, existing data files and databases, and delivery schedules. The cost of changes to hardware, software, and/or existing data files and databases not specifically addressed in the substitution proposal shall be the responsibility of the Contractor.

4. The service(s)/products(s) shall be at least as (or more) cost effective than any product to be replaced.

H.15 Other Government Service Contracts and Contractors

Under RTAS and related GSA programs, the Government may award several contracts to provide various forms of technical and management services. Government agencies may also use support contractors to assist them with the RTAS contract. When contractors of these related contracts are operating in their official capacity as agents for the Government, the RTAS contractor shall provide them full cooperation.

H.16 Taxes

The Government generally will pay all mandatory taxes applicable to telecommunications services delivered under this contract. Mandatory taxes are those items which the contractor is required by law to collect directly from its customers, with the following exceptions:

1. Taxes from which the Federal Government is expressly exempt under the authorizing state statute or local ordinance.

2. Any state or local tax whose legal incidence is on the Federal Government.

Special attention must be paid to the treatment of the RTAS Associated Government Fee(s), which shall be included in the prices of RTAS services, as explained in Section H.25. Under no circumstances will the Government pay state and local taxes on amounts representing the RTAS Associated Government Fee(s). For example, the contractor shall not include the RTAS Associated Government Fee(s) when calculating the revenues to which a state or local tax applies. The exclusion of the RTAS Associated Government Fee(s) is for the purposes of tax calculations only. For all other billing purposes, the RTAS Associated Government Fee(s) shall be handled in accordance with the billing process described in Section C.3.4., Billing/Invoicing.

Any taxes that may appear on a RTAS invoice that are in existence at the time of proposal submission shall be identified and described in the contractor’s price proposal.

Following contract award, new taxes may be permitted but only after the contractor provides the GSA-ACO copies of all statutes or ordinances imposing such new taxes and following a negotiated and mutually agreed upon contract modification.

H.17 Small Business Subcontracting Plan

Because of the size, scope, and magnitude of this acquisition, the Government anticipates substantial subcontracting opportunities for small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. The contractor shall provide a Subcontracting Plan pursuant to FAR 52.219-9, Small Business Subcontracting Plan.

Target goals for subcontracting for the RTAS program are shown in Table H.17-1.

Table H.17-1, Small Business Subcontracting Goals

NOTE: The goals are expressed as a percentage of planned subcontracting dollars. The Subcontracting Plan shall contain a separate part for the basic contract period and separate parts for each option period. The Subcontracting Plan may be a corporate or an individual plan for this contract. In accordance with instructions on the reverse side of Standard Form (SF) 294, subcontract award data that is reported by prime contractors/subcontractors shall be limited to awards made to their immediate subcontractors. Credit cannot be taken for awards made to lower tier subcontractors.

Small Business Program Legend Total Small Business: Total Awards to Small Businesses (includes awards to WOB, SDB, HUBZone, Service Disabled Veteran-owned, and Veteran-owned)

Small Disadvantaged Business: Total Awards to Small Disadvantaged Businesses.

Woman-owned: Total Awards to Small Woman-owned Businesses

HUBZone: Total Awards to Certified Firms Located in Historically Underutilized Business Zones (HUBZone)

Service Disabled Veteran-Owned (SDV): Total Awards to Small Businesses owned and controlled by Service Disabled Veterans

The Government intends to monitor the contractor’s adherence to the Subcontracting Plan and continually work to ensure the maximum practicable participation of small business concerns. In addition to the requirement to file a Standard Form (SF) 294 and SF 295, as required in FAR 52.219-9, the contractor shall on an annual basis:

1. Provide to the GSA-ACO a concise written summary of activity in the contractor’s subcontracting outreach program (as described in the contractor’s Subcontracting Plan).

2. Provide to the GSA-ACO Subcontracting Plan backup data consisting of a spreadsheet showing, in chronological order of subcontract award, the dollar-value of each subcontract, type of subcontract and the name and size of the business concern to which the subcontract was awarded.

3. Attend meetings, if required, with representatives of the Contracting Office, the PMO, and the Small Business Administration to discuss the contractor’s activity in the contractor’s subcontracting program.

All backup data shall correlate with the contractor’s SF 294. The contractor shall use the Electronic Sub-Contracting Reporting System (eSRS) [www.eSRS.gov] for the submission of the SF 294/295 forms. The contractor shall utilize the system, at no additional cost to the Government.

H.18 Contractor Performance Information

In conformance with the Government’s need to record and maintain information on contractor performance during the life of this contract, the Government will evaluate the manner in which the contractor performed in accordance with contract requirements such as: quality of service; cost efficiencies; timeliness; business relations; history of reasonable and cooperative behavior; commitment to customer satisfaction; and key personnel. Information obtained as a result of the evaluation(s) may be shared with Government agencies for their use in support of future award decisions (Reference FAR 42.1500).

H.19 News Releases

News releases pertaining to this contract shall not be made without prior approval of the GSA-ACO. A minimum of 5 business days notice is required for approval.

H.20 Permits

The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses, certifications, authorizations, approvals, and permits and for complying with any applicable Federal, state, and municipal laws, codes, and regulations, and any applicable permits, authorizations, etc., in connection with the performance of the contract.

H.21

RESERVED

H.22 Fraud Prevention Management

The contractor shall take a proactive approach in developing and implementing methods to prevent, detect and report fraudulent use of services. Within one hour of detection, the contractor shall report to the GSA COTR and COR all incidents it detects of fraudulent use of services.

The contractor shall take all prudent measures to detect and prevent fraud abuse related to the RTAS program. A description of the contractor’s internal policies for fraud prevention, detection, and recording shall be included in the proposal. The contractor shall maintain and update the fraud prevention procedures after contract award.

H.22.1 Financial Responsibility for Fraud

The contractor shall assume financial responsibility for all costs resulting from fraudulent use of RTAS services for cases where the contractor’s fraud prevention measures fail, and where there is negligence or willful misconduct by the contractor, the contractor’s subsidiaries, or the contractor’s subcontractors.

H.22.2 Reserved.

H.23 Reserved. seq Level3 \r 0 \h seq Level2 \r 0 \h H.24 Notice to Proceed

The contractor shall not commence any work specified under the RTAS contract until the contractor receives written notification from the GSA-ACO providing a Notice to Proceed.

H.25 Associated Government Fee(s)

The contractor shall collect the RTAS Associated Government Fee(s) from Direct Billed Customers on a monthly basis throughout the life of the contract. This fee represents any direct or indirect costs incurred by the Government associated with the RTAS program such as, but not limited to, the contract management fee.

The fee(s) could be a percentage, a set fee(s), or combination thereof. The fee(s) will be applied to services, features, or any other billed charges. This fee(s) collection requirement is subject to the following:

1. The fee(s) shall be included in the invoice price of services, features, equipment, or any other billed charge, unless identified and directed by the Government to be a separate line item.

2. The Government reserves the right to adjust the Associated Government Fee(s) at any time during the life of the contract. The contractor shall effect the addition, adjustment or deletion of a fee(s) only upon written notice of the GSA-ACO or designee. The contractor shall implement the revised fee(s) to be effective for invoicing in the next complete billing cycle. The contractor shall add, adjust or delete the fee(s) at no additional cost to the Government.

3. The contractor shall forward this fee(s) to the Government via electronic funds transfer within 45 calendar days of the close of each calendar month, except for August billing when payment will be due by September 20th by electronic funds transfer. The contractor shall notify the GSA-ACO or designee, within 24 hours of completion of the transfer. Collection and supporting documentation shall be subject to audit as defined in FAR 52.215-2, Audit and Records.

4. If the full amount of the fee(s), based on the total amount billed to direct billed agencies, is not paid within the period specified by item 3 above, the nonpayment shall constitute a contract debt to the United States Government under the terms of FAR Part 32.6. The Government may exercise all rights available to it under the Debt Collection Act of 1982, including withholding or setting off payments and interest on the debt (in accordance with FAR 52.232-17, Interest).

5. Failure to submit the monthly Associated Government Fee(s) Summary Report, falsification of this report, or failure to pay the fee(s) in a timely manner may result in termination of this contract.

H.26 Other Direct Costs (ODCs)

ODCs, including material necessary for performance of this contract, shall be specified in individual service orders and shall be reimbursed in accordance with the clauses and terms of this contract. Maximum allowable amounts will be established by individual service orders. The cost of general purpose items required for the conduct of the contractor’s normal business operations will not be considered allowable ODC in the performance of this contract.

ODCs may be assessed for services specified in Section B.

H.27 Surcharges and Fees As indicated in Section B.1.3, the firm fixed prices under this contract shall include the contractor’s collection of current and future costs associated with Government-imposed and regulatory-based surcharges and fees, such as the Federal Universal Service Fund (FUSF) and other regulatory commitments at the Federal, state, or local levels which the contractor is required by law to collect directly from its customers.

Surcharges and fees will not be treated as taxes in compliance with the FAR clause 52-229-3, Federal, State, and Local Taxes. The contractor shall provide upon request sufficient information to allow the Government to establish that the surcharges and fees collected, both at award and throughout the life of the contract, are:

1. Not fees and surcharges from which the Government is exempt.

2. Fair and reasonable.

3. Limited to the actual cost or imposed cost associated with the fees and surcharges – recovery of administrative costs is not permitted.

4. No greater than those charged to similarly situated customers.

5. No greater than what would be charged under an equal pro-rata allocation among all of the contractor’s customers for services subject to the charges.

The information required in support of the above requirements shall include, but not be limited to:

1. A copy of the contractor’s FCC Form 499A, Telecommunications Reporting Worksheet, or it successor, which will be considered proprietary information of the contractor; if applicable.

2. Documentation supporting the fact that the fees and surcharges collected under this contract do not exceed that actual amount paid out by the contractor resulting from its provision of the services provided under this contract.

Following contract award, new surcharges and fees will not be permitted.

H.28 Special Requirements for Work in Areas Containing Asbestos

1. This contract incorporates those requirements of the Occupational Safety and Health Administration (OSHA) asbestos regulations contained in Title 29, Part 1910 of the CFR. All installation and/or site preparation work undertaken in areas containing asbestos shall be conducted in accordance with these requirements. If during the course of performance under this contract, the contractor suspects contact with hazardous or toxic materials/substances, such as asbestos, polychlorinated biphenyls (PCBs), explosives, or radioactive materials, as specified in Subpart H and Z of 29 CFR 1910 and Federal Standard 313, the contractor shall immediately inform the GSA-ACO of these harmful materials/substances, their exact whereabouts, and the identity of those individuals who have been exposed to these harmful materials/substances.

2. The contractor shall stop work immediately upon discovery of asbestos and shall incur no penalties for delay, provided all other requirements of Section C are met. The Government does not intend to require the contractor to remove asbestos.

3. The contractor shall not disturb suspected harmful materials/substances but shall take responsible measures to prevent exposure to individuals, pending receipt of direction from the GSA-ACO. The GSA-ACO will coordinate any necessary action with the GSA-COTR and the building owner.

The contractor shall maintain full responsibility and liability for compliance with all applicable regulations pertaining to the protection of workers, visitors to the site and persons occupying affected and adjacent areas. The contractor shall hold the Government harmless against injury resulting from failure on the contractor's part or on the part of the contractor's employees or subcontractors to comply with any applicable safety or health regulation.

H.29 Historic Buildings

The contractor shall be in compliance with 36 Code of Federal Regulations (CFR) Part 800 and all aspects of the Secretary of Interior’s Standards for the Treatment of Historic Properties as they apply to the installation of equipment in historic buildings. For any historic buildings requiring RTAS services, the contractor shall provide a plan for the proposed types of work that will occur. This Site Preparation Plan (Historic Building) will be reviewed by the Historical Preservation Officer, Public Buildings Service (PBS) and the applicable State Historic Preservation Office to determine if the proposed types of work are in compliance with the Secretary of Interior’s Standards. If the proposals are found to be acceptable, the appropriate approval documents will be issued by the Public Building Service authorizing the contractor to proceed with the installation.

Under no circumstances shall the contractor proceed with work in a historic building until the appropriate approval to proceed has been issued. This requirement applies to all buildings that are on the National Historic Register listing.

As soon as any work is contemplated, the contractor shall contact the involved building managers, who in turn will contact and work closely with the Historical Preservation Officer(s). Further contacts with the appropriate State Historical Preservation Officers, the National Advisory Council on Historical Preservation and other concerned authorities will be coordinated through the designated Historical Preservation Officers. Extraordinary costs associated with working in historic buildings shall be identified on the task order quotes and may be billed as ODC.

H.29.1 Historical Preservation Officer - Public Buildings Service (PBS)

Contact:

Name:

(To be provided at or after contract award)

Location:

(To be provided at or after contract award)

Telephone No:

(To be provided at or after contract award) H.29.2 Historic Buildings Reference Documents

All work performed in historical buildings shall conform to the requirements contained in the documents identified in this section. The contractor shall be responsible for the cost of obtaining all reference documents required.

1. Department of Interior, National Park Service: The Secretary of the Interior’s Standards for the Treatment of Historic Properties (Revised 1983), U.S. Government Superintendent of Documents, Washington, DC 20401, Stock No. 024005010033, $2.00 a copy, Telephone (202) 512-1800.

2. Department of the Interior, National Park Service, Conference of State Historic Preservation Officers: Preservation Tax Incentives for Historic Buildings, Preservation Assistance Division, National Park Service, Order by Title, No Charge, Telephone (202) 606-8503.

3. General Services Administration (GSA):

a) Maintenance, Repair and Alterations of Historic Buildings, August 20, 1982, ADM 1020.1, Department of Commerce National Technical Information Service, $21.95 plus $3.00 handling fee, Telephone 1-800-553-6847.

b) Handbook Procedure for Historic Properties, March 2, 1981, PBS P 102.2, Available from Contracting Officer.

H.30 Meetings and Conferences

Technical meetings and/or post-award/pre-performance conferences and/or meetings during contract performance may be necessary to resolve problems and to facilitate understanding of the technical requirements of the contract. Participants at these meetings/conferences shall be members of the contractor’s technical staff and technical representatives of the Government. These meetings/conferences shall be scheduled with the agreement of and arrangements made between the GSA-ACO or their representative and the contractor. All contractor costs associated with the attendance at these meetings shall be incidental to the contract and not be separately billed.

H.31 U.S. Citizenship Requirements

Contractors are hereby placed on notice that work on some orders, especially those requiring site visits to some U.S. Government locations or work on some Government Furnished Equipment, may require contractor personnel performing the work to have U.S. citizenship and to be able to provide proof of that citizenship. The individual task orders may require a National Agency Clearance or Security Clearance. In all instances, the contractor personnel shall comply with the facility clearance and security requirements specified in the task order requirements. These shall be provided at no additional cost to the Government.

H.32 Service Trials

A service trial is defined as the use of proposed future enhancements by an agency that takes place for an agreed upon period of time, at agreed upon location(s). The contractor shall provide written notification to and receive written approval from the GSA-ACO and associated agency prior to initiation of any trial program with the agency. This notification shall include the start date and duration and a copy of the estimate for collateral costs. Written approval shall be obtained prior to incurring any costs. The contractor may invoice the government for collateral costs. These collateral costs shall be limited to the components of the service that are already in the contract and shall be at contract prices. The contractor shall not invoice the Government for any items not already in the contract.

The contractor shall provide the GSA-ACO and the responsible agency representative with contract prices and the corresponding section(s) of the contract that the trial proposes to enhance. The GSA-ACO will respond with approval or rejection within 15 business days after receipt of the notification or provide notice identifying another date for approval or rejection. The contractor will not be reimbursed for trial costs exceeding the collateral cost estimate unless approval for such costs has been made by the GSA-ACO in writing prior to the start of the service trial.

The requiring agency, independent of GSA, will be responsible for the establishment of performance standards and making a determination of acceptability for the service. The agency shall use these standards to evaluate the service.

In all instances, the fair opportunity process shall be followed and shall include service trials.

The contractor shall report monthly and upon the completion of each trial to the GSA-ACO and PMO in writing and provide the following information:

1. Number of trials

2. Description of the trials

3. Participants

4. Location(s)

5. Results to date

6. Estimated completion dates

7. Estimated costs (if applicable)

H.33 Reserved

H.34 Discrepancy Resolution In the event of any conflict or inconsistency between provisions of this contract, the discrepancy shall be resolved in the following order:

1. Section B Pricing, and Section C, Work Statements

2. Sections D, E, F, G, H and I of this contract

3. The Contractor’s Final Proposal Revisions

H.35 Department of Defense Security Classification

Department of Defense security requirements in the performance of the RTAS contract shall be directly between the contractor and the client and shall be maintained in accordance with DD Form 254, Department of Defense Contract Security Classification Specification. The highest classification involved in the performance of this contract is Top Secret.

H.36 Accountability of Contract Employees

The contractor shall be required to develop and implement an employee accountability system in the event of an emergency or disaster, or other event that requires or results in evacuation or closure of buildings under GSA’s control. The employee accountability system will enable contractors to track their employees to determine their safety and wellbeing. GSA will not be responsible under this contract for accounting for the whereabouts of contractor employees in the event of an emergency or disaster, or other event that requires or results in the evacuation or closure of buildings under GSA’s control.

The requirement above applies to contract employees physically present in a federal location.

� The concept of “Government fault” includes GSA and the user agencies. The Government will be at fault under this clause when its actions are the primary cause of the contractor’s failure to perform. If the contractor disputes the Government’s decision, the contractor may request an adjustment from the ACO. The contractor may appeal the ACO’s decision to the GSA Board of Contract Appeals or the Court of Federal Claims.

� Availability shall be computed as specified in Section C.2.1.10.4 for each service.

� Quality of Service shall be computed for VS and CSDS using the metrics defined in Section C.2.2 and C.2.3.

� Outages shall include, but are not limited to, incidents of call, connection, or session interruption, involuntary service disconnection, unsatisfactory transmission performance, and dialing or call set-up error.

� The period of outage ends when the service is operative, as confirmed by the user.

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