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SOL-CI-16-00042
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| File | Type | Posted |
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| Attachment_3_-_TEC_FINAL_Post_OGC_Comments.pdf | ||
| SOL_Cover_Memo.pdf | ||
| Attachment_1_-_FINAL_PWS_Post_OGC_Comments.pdf | ||
| ATTACHMENT_5_-_CPI_FINAL_Post_OGC_Comments.pdf | ||
| Attachment_6_-_Labor_Classifications_FINAL_Post_OGC_Review.pdf | ||
| ATTACHMENT_4_-_TPI_FINAL_Post_OGC_Comments.pdf | ||
| Attachment_2_-_Reports_of_Work.pdf |
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SOL-CI-16-00042
SOLICITATION, OFFER AND AWARD
4. TYPE OF SOLICITATION2. CONTRACT NUMBER 3. SOLICITATION NUMBER
7. ISSUED BY CODE 8. ADDRESS OFFER TO (If other than Item 7)
ORDER UNDER DPAS (15 CFR 700)
6. REQUISITION/PURCHASE NUMBER
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
NEGOTIATED (RFP)
SEALED BID (IFB)
5. DATE ISSUED
1. THIS CONTRACT IS A RATED RATING PAGE OF PAGES
1 99
C. E-MAIL ADDRESS
EXT.NUMBERAREA CODE
B. TELEPHONE (NO COLLECT CALLS)A. NAME
10. FOR
INFORMATION
CALL:
CAUTION: LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
(Date)(Hour) local timeuntildepository located in copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the
SOLICITATION
9. Sealed offers in original and
PART IV - REPRESENTATIONS AND INSTRUCTIONS
OTHER STATEMENTS OF OFFERORS
EVALUATION FACTORS FOR AWARD
INSTRS., CONDS., AND NOTICES TO OFFERORS
REPRESENTATIONS, CERTIFICATIONS AND
LIST OF ATTACHMENTS
CONTRACT CLAUSES
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
I
J
K
L
M SPECIAL CONTRACT REQUIREMENTS
CONTRACT ADMINISTRATION DATA
DELIVERIES OR PERFORMANCE
INSPECTION AND ACCEPTANCE
PACKAGING AND MARKING
DESCRIPTION/SPECS./WORK STATEMENT
SUPPLIES OR SERVICES AND PRICES/COSTS
SOLICITATION/CONTRACT FORM
PART II - CONTRACT CLAUSESPART I - THE SCHEDULE
H
G
F
E
D
C
B
A
SEC. DESCRIPTION PAGE(S) (X) DESCRIPTION SEC. (X)
11. TABLE OF CONTENTS
18. OFFER DATE17. SIGNATURE
SUCH ADDRESS IN SCHEDULE.
IS DIFFERENT FROM ABOVE - ENTER
15C. CHECK IF REMITTANCE ADDRESS
EXT.NUMBERAREA CODE
15B. TELEPHONE NUMBER
(Type or print)AND
ADDRESS
OF
OFFEROR
CODE FACILITY
16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER15A. NAME
DATEAMENDMENT NO.DATEAMENDMENT NO.
and related documents numbered and dated):
amendments to the SOLICITATION for offerors
(The offeror acknowledges receipt of
14. ACKNOWLEDGEMENT OF AMENDMENTS
CALENDAR DAYS (%)30 CALENDAR DAYS (%)20 CALENDAR DAYS (%)10 CALENDAR DAYS (%)
(See Section I, Clause No. 52.232.8)
13. DISCOUNT FOR PROMPT PAYMENT
designated point(s), within the time specified in the schedule.
by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the
12. In compliance with the above, the undersigned agrees, if this offer is accepted within ______________ calendar days (60 calendar days unless a different period is inserted
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
OFFER (Must be fully completed by offeror)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
28. AWARD DATE
(Signature of Contracting Officer)
27. UNITED STATES OF AMERICA
25. PAYMENT WILL BE MADE BY
26. NAME OF CONTRACTING OFFICER (Type or print)
CODE 24. ADMINISTERED BY (If other than Item 7)
ITEM
(4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
41 U.S.C. 253 (c) ( 10 U.S.C. 2304 (c) (
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
21. ACCOUNTING AND APPROPRIATION20. AMOUNT19. ACCEPTED AS TO ITEMS NUMBERED
AWARD (To be completed by government)
CODE
12/20/2016 X
CPOD
CPOD
US Environmental Protection Agency 26 West Martin Luther King Drive Mail Code: NWD Cincinnati OH 45268
CPOD 1200 ET 01/31/2017
Keith Pfeffer Pfeffer.Keith@epa.gov
PAGE(S)
Matthew Growney
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
STANDARD FORM 33 (Rev. 9-97)
Prescribed by GSA - FAR (48 CFR) 53.214(c)
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 99
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
SOL-CI-16-00042
(A) (B) (C) (D) (E) (F)
Delivery Location Code: ORD/OARS/EMD/CIN
ORD/OARS/EMD/CIN
US Environmental Protection Agency
OARS EMD Cincinnati Division
26 West Martin Luther King Drive
Mail Code: WG-12
Cincinnati OH 45268 USA
0001 $0.00 PR - EPA's Support for Peer Review and Risk
Assessment Activities, a follow-on award to the
EPA's current Peer Review and Risk Assessment
Activities contract
Period of Performance: 07/01/2017 to 06/30/2022
OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
NSN 7540-01-152-8067
SECTION A - Solicitation/Contract Form
THIS PAGE INTENTIONALLY LEFT BLANK
SECTION B - Supplies or Services/Prices
B-1 Clauses
B-1 EPAAR 1552.216-72 ORDERING-BY DESIGNATED ORDERING OFFICERS. (JUL 2014)
(a) The Government will order any supplies and services to be furnished under this contract by issuing task/delivery orders on Optional Form 347, or an agency prescribed form, from the effective date of contract award through 60 months after award. In addition to the Contracting Officer, the following individuals are authorized ordering officers.
NONE
(b) A Standard Form 30 will be the method of amending task/delivery orders.
(c) The Contractor shall acknowledge receipt of each order by having an authorized company officer sign either a copy of a transmittal letter or signature block on page 3 of the task/delivery order, depending upon which is provided, within 10 calendar days of receipt.
(d) Prior to the placement of any task/delivery order, the Contractor will be provided with a proposed
Performance Work Statement/Statement of Work and will be asked to respond with detailed technical and cost proposals within 10 calendar days or less. The technical proposal will delineate the Contractor's interpretation for the execution of the PWS/SOW, and the pricing proposal will be the Contractor's best estimate for the hours, labor categories and all costs associated with the execution. The proposals are subject to negotiation. The Ordering Officer and the Contractor shall reach agreement on all the material terms of each order prior to the order being issued.
(e) Each task/delivery order issued will incorporate the Contractor's technical and cost proposals as negotiated with the Government, and will have a ceiling price which the contractor shall not exceed. When the Contractor has reason to believe that the labor payment and support costs for the order which will accrue in the next thirty (30) days will bring total cost to over 85 percent of the ceiling price specified in the order, the Contractor shall notify the Ordering Officer.
(f) Under no circumstances will the Contractor start work prior to the issue date of the task/delivery order unless specifically authorized to do so by the Ordering Officer. Any verbal authorization will be confirmed in writing by the Ordering Officer or Contracting Officer within 10 calendar days.
(End of clause)
B-2 EPAAR 1552.216-73 FIXEDRATESFOR SERVICES-INDEFINITEDELIVERY/INDEFINITE
QUANTITY CONTRACT. (APR 1984)
The following fixed rates shall apply for payment purposes for the duration of the contact.
Personnel classification
Estimated Direct labor hours Fixed hourly rate Total
TO BE
COMPLETED AT
TIME OF AWARD
TO BE
COMPLETED AT
TIME OF AWARD
TO BE
COMPLETED AT
TIME OF AWARD
TO BE COMPLETED
AT TIME OF
AWARD
The rate, or rates, set forth above cover all expenses, including report preparation, salaries, overhead, general and administrative expenses, and profit.
The Contractor shall voucher for only the time of the personnel whose services are applied directly to the work called for in individual Task Orders and accepted by the EPA Project Officer. The Government shall pay the
Contractor for the life of a task order at rates in effect when the task order was issued, even if performance under the task order crosses into another period. The Contractor shall maintain time and labor distribution records for all employees who work under the contract. These records must document time worked and work performed by each individual on all Task Orders.
B-3 Local Clauses EPA-B-16-101 MINIMUM AND MAXIMUM AMOUNTS
During the period specified in the "Ordering" clause, the Government shall place orders totaling a minimum of
$25,000.00 per contract. The amount of all orders for all contracts shall not exceed $4,250,000.00.
B-4 CO Added Clause ORDERING PROCEDURES – MULTIPLE AWARD INDEFINITE-QUANTITY
CONTRACTS
1. Task orders for work described in Attachment 1 will be competed among the multiple contractors which receive awards resulting from this solicitation except as provided in FAR 16.505(b)(2). All contractors must submit a proposal for each competed task order and be available to perform if selected. The only acceptable reasons for a contractor's non-participation would be due to an inability to accept or perform the work because of a conflict of interest, capacity problem, or some other compelling factor which the Contracting Officer determines would affect the contractor's ability to perform the work and justifies its non-participation in the process. Such inability to accept or perform work must be documented in the contractor's response to the request for offer.
2. Task orders may be issued as firm-fixed-price task orders or time-and-materials task orders.
3. All contractors will be provided a fair opportunity to be considered for each order in excess of $3,000 pursuant to
FAR 16.505(b)(1)(i). The Contracting Officer need not contact each contractor before selecting an order awardee if the
Contracting Officer has information available on hand to ensure that each contractor is provided a fair opportunity to be considered. Contractors may be given the opportunity to propose on a given task order by the following mechanism:
The Contracting Officer will issue written requests (which includes by hard copy, facsimile, or e-mail) to the contractors requesting the submission of offers, which will include a technical proposal and a cost proposal. The request may establish a page limitation for the offer.
4. Each request for offers will include the following:
a. Performance Work Statement (PWS)/Statement of Work (SOW);
b. Technical and/or cost/price or other evaluation criteria which will be used to evaluate the offers.
Evaluation criteria may include, but are not limited to, adequacy of technical approach to perform the order, adequacy of staffing plan/capability of proposed personnel, adequacy of delivery schedule, record of past performance (on this and/or other recent contracts) including quality of deliverables and record of cost control;
c. The components of the offer (technical and/or price/cost or other factors) to be submitted;
d. The format for submission;
e. The task order form type;
f. The time frame for submission of the offer;
g. The basis for selection; and
h. Any other relevant instructions to the contractor; e.g., Government acceptance of initial offer without discussions.
5. “Technical Support” task orders may be placed for support areas requiring a quick response. Quick response tasks will be issued under these task orders by the TO COR via technical direction.
6. Upon receipt of a request for offer, the contractor shall submit an offer to the Contracting Officer within the time specified in the request. The Government shall have the right to accept the offer without further discussions. After acceptance, the Government will issue a task order. As noted above, the more complex tasks may include technical and cost components.
7. Proposals submitted for cost-type task orders will be based on average category rates or current salary rates, as indicated by the contractor’s current payroll data (whichever method the contractor customarily uses), and current provisional indirect rates. Contractors shall provide current, up-to-date copies of (1) the most recent negotiated provisional indirect rates and (2) payroll data with their offers for individual cost-type orders.
8. All task order offers shall include a conflict of interest (COl) certification. Before submitting the conflict of interest certification, the contractor shall search its records accumulated, at a minimum, over the past three years immediately prior to the receipt of the request for offer or similar tasking document. In the COl certification, the contractor must certify that, to the best of the contractor's knowledge and belief, all actual or potential organizational conflicts of interest have been reported to the Contracting Officer or no actual or potential organizational conflicts of interest exist.
In addition, the contractor must certify that the personnel it has proposed to perform work under or relating to the particular task order have been informed of their obligation to report personal and organizational conflicts of interest to the contractor. The certification shall also include a statement that the contractor recognizes its continuing obligation to identify and report any actual or potential conflicts of interest arising during performance of the task order.
9. Offers will be evaluated based on the method of selection described in the request for offers. The method of selection for issuance of a task order will be tailored to the specific requirements of the task order. The methods of selection may be any one of the following:
• Lowest Price Technically Acceptable (LPTA), where the source selection will result from the technically acceptable proposal with the lowest evaluated price.
10. The Government reserves the right to award an order based on evaluation of initial offers without discussions. If it is in the Government’s interest the Contracting Officer and program office (e.g., contract-level COR, task order
COR) will hold discussions with the contractors after evaluation of initial offers.
B-5 Local Clauses EPA-B-32-103 LIMITATION OF GOVERNMENT OBLIGATION
(a) Severable services may be incrementally funded. Non-severable services shall not be incrementally funded.
Contract line items TO BE COMPLETED AT CONTRACT AWARD are severable and may be incrementally funded.
For these items, the sum of $ TO BE COMPLETED AT CONTRACT AWARD of the total price is presently available for payment and allotted to this contract.
(b) For items identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those items for the
Government's convenience, approximates the total amount currently allotted for those items to the contract. The
Contractor shall not continue work on those items beyond that point. Subject to the clause entitled "Termination for
Convenience of the Government," the Government will not be obligated, under any circumstances, to reimburse the
Contractor in excess of the amount payable by the Government in the event of the termination of applicable contract line items for convenience including costs, profit, and estimated termination costs for those line items.
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (h) of this clause, the Contractor will notify the Contracting Officer, in writing, at least 30 days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount currently allotted to the contract for performance of the applicable items. The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of the applicable line items up to the next scheduled date for the allotment of funds identified in paragraph (a) of this clause, or to a substitute date as determined by the
Government pursuant to paragraph (d) of this clause. If, after such notification, additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause entitled "Termination for
Convenience of the Government."
(d) The parties contemplate that, subject to the availability of appropriations, the Government may allot additional funds for continued performance of the contract line items identified in paragraph (a) of this clause and will determine the estimated period of contract performance which will be covered by the funds. If additional funds are allotted, the
Contracting Officer will notify the Contractor in writing. The Contractor shall not resume performance of the contract line items identified in paragraph (a) until the written notice is received. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and to the new estimated period of contract performance. The contract will be modified accordingly.
(e) The Government may, at any time prior to termination, allot additional funds for the performance of the contract line items identified in paragraph (a) of this clause.
(f) The termination provisions of this clause do not limit the rights of the Government under the clause entitled
"Default". The provisions of this clause are limited to the work and allotment of funds for the contract line items set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded.
(g) Nothing in this clause affects the right of the Government to otherwise terminate this contract pursuant to the contract clause entitled "Termination for Convenience of the Government".
(h) The parties contemplate that the Government may obligate funds to this contract in accordance with the following schedule:
RECAPITULATION:
Contract Period
PRIOR THIS NEW
AMOUNT MOD AMOUNT
Total Maximum Amount: TO BE COMPLETED AT CONTRACT AWARD
Funded Amount: TO BE COMPLETED AT CONTRACT AWARD
B-6 CO Added Clause TIME AND MATERIALS ORDERS – OTHER DIRECT COSTS
Costs for material and other direct costs will be negotiated on a task order specific basis as appropriate. Reasonable and allocable material handling costs or material indirect costs may be included in the charge for material or other direct costs to the extent they are clearly excluded from the fully loaded hourly labor rates and are in accordance with the Contractor’s usual accounting practices consistent with Subpart 31.2 of the Federal Acquisition Regulation (FAR).
No profit margin shall be added to material or other direct costs, as profit is included in the fully loaded hourly labor rates.
SECTION C - Description/Specifications
C-1 Clauses
C-1 EPAAR 1552.211-79 COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES
MANAGEMENT. (JUL 2016)
(a) Definition. Information Resources Management (IRM) is defined as any planning, budgeting, organizing, directing, training, promoting, controlling, and managing activities associated with the burden, collection, creation, use and dissemination of information. IRM includes both information itself and the management of information and related resources such as personnel, equipment, funds, and technology.
Examples of these services include but are not limited to the following:
(1) The acquisition, creation, or modification of a computer program or automated data base for delivery to EPA or use by EPA or contractors operating EPA programs.
(2) The analysis of requirements for, study of the feasibility of, evaluation of alternatives for, or design and development of a computer program or automated data base for use by EPA or contractors operating EPA programs.
(3) Services that provide EPA personnel access to or use of computer or word processing equipment, software, or related services.
(4) Services that provide EPA personnel access to or use of: Data communications; electronic messaging services or capabilities; electronic bulletin boards, or other forms of electronic information dissemination; electronic record-keeping; or any other automated information services.
(b) General. The Contractor shall perform any IRM-related work under this contract in accordance with the
IRM policies, standards, and procedures set forth on the Office of Environmental Information policy Web site. Upon receipt of a work request (i.e. delivery order, task order, or work assignment), the Contractor shall check this listing of directives. The applicable directives for performance of the work request are those in effect on the date of issuance of the work request. The 2100 Series (2100-2199) of the Agency's Directive
System contains the majority of the Agency's IRM policies, standards, and procedures.
(c) Section 508 requirements (accessibility). Contract deliverables are required to be compliant with Section
508 requirements (accessibility for people with disabilities). The Environmental Protection Agency policy for 508 compliance can be found at www.epa.gov/accessibility.
(d) Electronic access. A complete listing, including full text, of documents included in the 2100 Series of the Agency's Directive System is maintained on the EPA Public Access Server on the Internet at http://www2.epa.gov/irmpoli8/current-information-directives.
C-2 Local Clauses EPA-C-10-101 STATEMENT OF WORK/PERFORMANCE WORK
STATEMENT/SPECIFICATIONS
The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to perform the Performance Work Statement (PWS) included in Attachment 1. Work will be ordered against the subject PWS through Contracting Officer issuance of Task Orders.
http://www.epa.gov/accessibility http://www2.epa.gov/irmpoli8/current-information-directives
C-3 Local Clauses EPA-C-10-103 INCORPORATION OF CONTRACTOR'S QUALITY ASSURANCE
(QA) PLAN
The Contractor shall adhere to the procedures set forth in its QA plan dated TO BE COMPLETED AT CONTRACT
AWARD, which is incorporated by reference.
SECTION D - Packaging and Marking
THISPAGE INTENTIONALLY LEFT BLANK
SECTION E - Inspection and Acceptance
E-1 Clauses
E-1 FAR 52.246-4 INSPECTION OF SERVICES - FIXED-PRICE. (AUG 1996)
(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the
Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may
(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and
(2) Reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -
(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or
(2) Terminate the contract for default.
E-2 FAR 52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR. (MAY 2001)
(a) Definitions. As used in this clause--
"Contractor's managerial personnel," means any of the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of -
(1) All or substantially all of the Contractor's business;
(2) All or substantially all of the Contractor's operation at any one plant or separate location where the contract is being performed; or
(3) A separate and complete major industrial operation connected with the performance of this contract.
"Materials," includes data when the contract does not include the Warranty of Data clause.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the material, fabricating methods, work, and services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the
Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) Unless otherwise specified in the contract, the Government shall accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they shall be presumed accepted 60 days after the date of delivery, unless accepted earlier.
(f) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the
Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (h) of this clause, the cost of replacement or correction shall be determined under the Payments Under Time-and-Materials and
Labor-Hour Contracts clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.
(g)(1) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may -
(i) By contract or otherwise, perform the replacement or correction, charge to the
Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or
(ii) Terminate this contract for default.
(2) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute.
(h) Notwithstanding paragraphs (f) and (g) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to -
(1) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or
(2) The conduct of one or more of the Contractor's employees selected or retained by the
Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.
(i) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.
(j) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.
(k) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.
E-3 FAR 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT. (DEC 2014)
(a) The Contractor shall comply with the higher-level quality standard(s) listed below.
Title Number Date Tailoring
[X] Specifications and ANSI/ASQCE4 1994 See below Guidelines for Quality
Systemsfor Environmental
Data Collection and
Environmental Technology Programs
(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in-
(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or
(2) When the technical requirements of a subcontract require-
(i) Control of such things as design, work operations, in-process control, testing, and inspection; or
(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.
SECTION F - Deliveries or Performance
F-1 Clauses
F-1 FAR 52.242-15 STOP-WORK ORDER. (AUG 1989)
F-2 FAR 52.242-17 GOVERNMENT DELAY OF WORK. (APR 1984)
F-3 EPAAR 1552.211-75 WORKING FILES. (APR 1984)
The Contractor shall maintain accurate working files (by task or work assignment) on all work documentation including calculations, assumptions, interpretations of regulations, sources of information, and other raw data required in the performance of this contract. The Contractor shall provide the information contained in the contractor's working files upon request of the Contracting Officer.
F-4 Local Clauses 1552.211-70 REPORTS OF WORK (OCT 2009)
The Contractor shall prepare and deliver reports, including plans, evaluations, studies, analyses and manuals in accordance with Attachment 2. Each report shall cite the contract number, identifying the U.S. Environmental
Protection Agency as the sponsoring agency, and identify the name of the contractor preparing the report.
The OMB clearance number for progress reports delivered under this contract is 2030-0005.
(End of Clause)
F-5 EPAAR 1552.211-78 ADVISORY AND ASSISTANCE SERVICES. (JUL 2016)
All reports containing recommendations to the Environmental Protection Agency shall include the following information on the cover of each report: (a) Name and business address of the contractor; (b) contract number; (c) contract dollar amount; (d) whether the contract was subject to full and open competition or a sole source acquisition; (e) name of the EPA Contracting Officer's Representative (COR) and the COR's office identification and location; and (f) date of report.
F-6 Local Clauses EPA-F-12-101 PERIOD OF PERFORMANCE
This contract shall establish an ordering period from effective date of award through 5 years.
SECTION G - Contract Administration Data
G-1 Clauses
G-1 EPAAR 1552.245-70 GOVERNMENT PROPERTY. (SEP 2009)
(a) The contractor shall not fabricate or acquire, on behalf of the Government, either directly or indirectly through a subcontract, any item of property without prior written approval from the Contracting Officer. If the Contracting Officer authorizes the contractor to acquire and/or fabricate equipment for use in the performance of this contract, the equipment shall be subject to the provisions of the "Government Property" clause and listed on the contract via contract modification.
(b) If the Government provides item(s) of Government property to the contractor for use in the performance of this contract, this property shall be used and maintained by the contractor in accordance with the provisions of the "Government Property" clause.
The "EPA Contract Property Administration Requirements" provided belowapply to this contract.
U.S. Environmental Protection Agency
Contract Property Administration Requirements
1. Purpose. This document sets forth the requirements for the U.S. Environmental Protection Agency
(EPA) contractors performing Government property management responsibilities under EPAcontracts.
These requirements supplement those contained in the Government Property clause(s) and Part 45
Government Property of the Federal Acquisition Regulation (FAR).
2. Contract Property Administration (CPAR)
a. EPA Delegation. EPA delegates all contract property administration to the EPA Contract Property
Coordinator (CPC). The delegations apply to all EPA contracts issued with or that have the potential to receive, purchase or acquire Government Property or include the Government Property clauses. In addition to administering all contract property, the CPC provides technical expertise and assistance to the
Contracting Officer (CO) and Contracting Officer Technical Representative (COTR) relative to
GovernmentProperty.
b. DCMA Re-delegation. The CPC may request support for contract property management oversight, including property administration and plant clearance, from the Defense Contract Management Agency
(DCMA). If DCMA agrees to provide support, DCMA will notify the contractor of the assigned property administrator (PA) and plant clearance officer (PLCO). The DCMA PA is available to the contractor for assistance in all matters of property administration. Notwithstanding the delegation, as necessary, the contractor may contact the EPA CO. In the event of a disagreement between the contractor and the DCMA
PA, the contractor should seek resolution from the CO. Unless, otherwise directed in the contract, or this document, all originals of written information or reports, except direct correspondence between the contractor and the DCMA PA, relative to Government property, should be forwarded to the administrative
CO assigned to this contract and the CPC.
c. Disagreements. Notwithstanding the delegation(s), as necessary, the contractor may contact the CO. In the event of a disagreement between the contractor and the PA or the CPC the contractor should seek resolution from the CO.
3. Requests for Government Property.
In accordance with FAR 45.102, the contractor shall furnish all property required for performing
Government contracts. If a contractor believes that Government property is required for performance of the contract, the contractor shall submit a written request to the CO. At a minimum, the request shall contain the following elements:
a. Contract number for which the property is required.
b. An item(s) description, quantity and estimated cost.
c. Certification that no like contractor property exists which could be utilized.
d. A detailed description of the task-related purpose of the property.
e. Explanation of negative impact if property is not provided by the Government.
f. Lease versus purchase analysis shall be furnished with the request to acquire property on behalf of the
Government, with the exception of requests for material purchases. The contractor may not proceed with acquisition of property on behalf of the Government until receipt of written authorization from the
ContractingOfficer.
4. Transfer of Government Property. The Contracting Officer initiates the transfer of the government property via a contract modification. The transferor (EPA or another contractor) shall provide to the transferee, the receiving contractor, the information needed to establish and maintain the property records required of FAR 52.245-1, as well as all of the applicable data elements required by Attachment 1 of this clause. The transferee, the receiving contractor, should perform a complete inventory of the property before signing the acceptance document for the property. Accountability will transfer to the receiving contractor upon receipt and acceptance of the property, in accordance with FAR 45.106.
5. Records of Government Property.
a. In accordance with FAR 52.245-1, the contractor shall create and maintain records of all Government property, regardless of value, including property provided to and in the possession of a subcontractor.
Material provided by the Government or acquired by the contractor and billed as a direct charge to the contract is Government property and records must be established as such.
b. The Contractor shall identify all Superfund property and designate it as such both on the item and on the
Government property record. If it is not practicable to tag the item, the contractor shall write the ID number on a tag, card or other entity that may be kept with the item or in a file.
c. Support documentation used for posting entries to the property record shall provide complete, current and auditable data. Entries shall be posted to the record in a timely manner following an action.
d. For Government vehicles, in addition to the data elements required by EPA, the contractor shall also comply with the General Services Administration (GSA) and Department of Energy (DOE) record and report requirements supplied with all EPA provided motor vehicles. If the above requirements were not provided with the vehicle, the contractor shall notify the designated CPC and the Fleet Manager.
e. When Government property is disclosed to be in the management and/or control of the contractor but not provided under any contract, the contractor shall record and report the property in accordance with FAR
52.245-1.
6. Inventories of Government Property. The contractor shall conduct a complete physical inventory of EPA property at least once per year. The contractor shall report the results of the inventory, including any discrepancies, to the CO. Reconciliation of discrepancies shall be completed in accordance with the schedule negotiated with the CO. See section 10 herein, Contract Closeout, for information on final inventories.
7. Reports of Government Property. EPA requires an annual summary report, for each contract, by contract number, of Government property in the contractor's possession. The annual summary is due as of
September 30th of each year, and upon contract termination or expiration.
a. For each classification listed on the EPA Property Report form, with the exception of material, the contractor shall provide the total acquisition cost and total quantity. If there are zero items in a classification, or if there is an ending balance of zero, the classification must be listed with zeros in the quantityand acquisition cost columns.
b. For material, the contractor shall provide the total acquisition cost only.
c. Property classified as Plant Equipment, Superfund and Special Test Equipment must be reported on two separate lines. The first line shall include the total acquisition cost and quantity of all items or systems with a unit acquisition cost of $25,000 or more. The second line shall include the total acquisition cost and quantity of all items with a unit acquisition cost of less than $25,000.
d. For items comprising a system, which is defined as "a group of interacting items functioning as a complex whole," the contractor may maintain the record as a system noting all components of the system under the main component or maintain individual records for each item. However, for the annual report of
Government property the components must be reported as a system with one total dollar amount for the system, if that system total is $25,000 or more.
e. The reports are to be received at EPA by the CPC by October 5th of each year.
f. Distribution shall be as follows:
Original to: CPC
One copy: CO
g. Contractors are required to comply with GSA and DOE special reporting requirements for motor vehicles. A statement of these requirements will be provided by the EPA Facility Management and
Services Division (FMSD) concurrent with receipt of each vehicle.
h. The contractor shall provide detailed reports on an as-needed basis, as may be requested by the CO or the
CPC.
8. Disposition of Government Property. The disposition process is composed of three distinct phases:
identification, reporting, and final disposition.
a. Identification. The disposition process begins with the contractor identifying Government property that is no longer required for contract performance. Effective contract property management systems provide for identification of excess as it occurs. Once Government property has been determined to be excess to the accountable contract, it must be screened against the contractor's other EPA contracts for further use. If the property may be reutilized, the contractor shall notify the CO in writing. Government property will be transferred via contract modifications to other contracts only when the COs on both the current contract and the receiving contract authorize the transfer.
b. Reporting.
(i) EPA. Government property shall be reported in accordance with FAR 52.245-1. The Standard Form, SF
1428, Inventory Disposal Schedule, provides the format for reporting excess Government property.
Instructions for completing and when to use the form may be found at FAR 52.245-1(j). Forward the completed SF 1428 to the CPC. The SF 1428 is available at http://www.arnet.gov/far/current/html/FormsStandard54.html. Superfundpropertymustcontaina
Superfund notification and the following language must be displayed on the form: "Note to CO:
Reimbursement to the EPA Superfund is required."
(ii) DCMA. If the EPA contract has been re-delegated to DCMA, the excess items will be entered into the
Plant Clearance Automated Reutilization Screening System (PCARSS). Access and information pertaining to this system may be addressed to the DCMA Plant Clearance Officer (PLCO).
c. Disposition Instructions.
(i) Retention. When Government property is identified as excess, the CO may direct the contractor in writing to retain all or part of the excess Government Property under the current contract for possible future requirements.
(ii) Return to EPA. When Government property is identified as excess, the CO may direct the contractor in writing to return those items to EPA inventory. The contractor shall ship/deliver the property in accordance with the instructions provided by the CO.
(iii) Transfer. When Government property is identified as excess, the CO may direct the contractor in writing to transfer the property to another EPA contractor. The contractor shall transfer the property by shipping it in accordance with the instructions provided by the CO. To effect transfer of accountability, the contractor shall provide the recipient of the property with the applicable data elements set forth in
Attachment 1 of this clause.
(iv) Sale. If GSA or the DCMA PLCO conducts a sale of the excess Government property, the contractor shall allow prospective bidders access to property offered for sale.
(v) Abandonment. Abandoned property must be disposed of in a manner that does not endanger the health and safety of the public. If the contract is delegated to DCMA and the contractor has input EPA property into the PCARSS system, the EPA Property Utilization Officer (PUO) shall notify the CO. The CO shall notify the contractor in writing of those items EPA would like to retain, have returned or transferred to another EPA contractor. The contractor shall notify the DCMA PLCO and request withdrawal of those items from the inventory schedule. The contractor shall update the Government property record to indicate the disposition of the item and to close the record. The contractor shall also obtain either a signed receipt or proof of shipment from the recipient. The contractor shall notify the CO when all actions pertaining to disposition have been completed. The contractor shall complete an EPA Property report with changes, to include supporting documentation of completed disposition actions and submit it to the CPC.
9. Decontamination. In addition to the requirements of the "Government Property" clause and prior to performing disposition of any EPA Government Property, the contractor shall certify in writing that the property is free from contamination by any hazardous or toxic substances.
10. Contract Closeout. The contractor shall complete a physical inventory of all Government property at contract completion and the results, including any discrepancies, shall be reported to the CO. If the contract is delegated to DCMA, the physical inventory report will be submitted to the EPA CO and a copy submitted to the DCMA PA. In the case of a terminated contract, the contractor shall comply with the inventory requirements set forth in the applicable termination clause. The results of the inventory, as well as a detailed inventory listing, must be forwarded to the CO and if delegated, a copy to the DCMA PA. In order to expedite the disposal process, contractors may be required to, or may elect to submit to the CPC, an inventory schedule for disposal purposes up to six (6) months prior to contract completion. If such an http://www.arnet.gov/far/current/html/FormsStandard54.html http://www.arnet.gov/far/current/html/FormsStandard54.html inventory schedule is prepared, the contractor must indicate the earliest date that each item may be disposed. The contractor shall update all property records to show disposal action. The contractor shall notify the CO, and, if delegated, the DCMA PA, in writing, when all work has been completed under the contract and all Government property accountable to the contract has been disposed. The contractor shall complete a FINAL EPA Property report with all supporting documentation to the CPC.
Attachment 1
Required Data Element--In addition to the requirements of FAR 52.245-1(f)(vi), Reports of Government
Property, the contractor is required to maintain, and report the following data elements for EPA
Government property (all elements are not applicable to material):
Name and address of the administrative Contracting Officer; Name of the contractor representative;
Business type; Name and address of the contract property coordinator; Superfund (Yes/No); No. of
Subcontractor/Alternate Locations.
Note: For items comprising a system which is defined as, "a group of interacting items functioning as a complex whole," the contractor may maintain the record as a system noting all components of the system under the main component or maintain individual records for each item. However, for the Annual Report of
Government Property, the components must be reported as a system with one total dollar amount for the system, if that system total is $25,000 or more.
G-2 EPAAR 1552.245-71 GOVERNMENT-FURNISHED DATA. (SEP 2009)
(a) The Government shall deliver to the Contractor the Government-furnished data described in the contract. If the data, suitable for its intended use, is not delivered to the Contractor, the Contracting Officer shall equitably adjust affected provisions of this contract in accordance with the "Changes" clause when:
(1) The Contractor submits a timely written request for an equitable adjustment; and
(2) The facts warrant an equitable adjustment.
(b) Title to Government-furnished data shall remain in the Government.
(c) The Contractor shall use the Government-furnished data only in connection with this contract.
(d) The following data will be furnished to the Contractor on or about the time indicated: To be identified in applicable Task Orders.
G-3 Local Clauses 1552.232-70 ALT 1 SUBMISSION OF INVOICES (OCT 1997) DEVIATION ALT I
In order to be considered properly submitted, an invoice or request for contract financing payment must meet the following contract requirements in addition to the requirements of FAR 32.905:
(a) Unless otherwise specified in the contract, an invoice or request for contract financing payment shall be submitted as an original and five copies. The Contractor shall submit the invoice or request for contract financing payment to the following offices/individuals designated in the contract: the original and two copies to the
Accounting Operations Office shown in Block 12 on the cover of the contract; two copies to the Project Officer (the
Project Officer may direct one of these copies to a separate address); and one copy to the Contracting Officer.
(b) The Contractor shall prepare its invoice or request for contract financing payment on the prescribed Government forms. Standard Forms Number 1034, Public Voucher for Purchases and Services other than Personal, shall be used by contractors to show the amount claimed for reimbursement. Standard Form 1035, Public Voucher for Purchases and Services other than Personal - Continuation Sheet, shall be used to furnish the necessary supporting detail or additional information required by the Contracting Officer. The Contractor may submit self-designed forms which contain the required information.
(c)(1) The Contractor shall prepare a contract level invoice or request for contract financing payment in accordance with the invoice preparation instructions identified as a separate attachment in Section J of the contract. If contract work is authorized by individual work assignments, the invoice or request for contract financing payment shall also include a summary of the current and cumulative amounts claimed by cost element for each work assignment and for the contract total, as well as any supporting data for each work assignment as identified in the instructions.
(2) The invoice or request for contract financing payment shall include current and cumulative charges by major cost element such as direct labor, overhead, travel, equipment, and other direct costs.
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