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SOL-DC-15-00079
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| File | Type | Posted |
|---|---|---|
| Attachment_13_Past_Performance_Questionnaire.doc | DOC document | |
| Attachment_12_Ordering_Instructions.docx | DOCX document | |
| Attachment_3_Labor_Category_Descriptions.rtf | RTF text file | |
| Attachment_5_Invoice_Preparation_Instructions.rtf | RTF text file | |
| Attachment_15._CASTNET_SCHEMA_DDL.SQL | SQL file | |
| Attachment_4_Reporting_Requirements.rtf | RTF text file | |
| Attachment_14._Sample_SOWs.docx | DOCX document | |
| Attachment_1_SOW.docx | DOCX document | |
| Attachment_2_Government_Furnished_Equipment.rtf | RTF text file |
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SOL-DC-15-00079
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 59
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
01/28/2016 X
HPOD
HPOD
US Environmental Protection Agency William Jefferson Clinton Building 1200 Pennsylvania Avenue, N. W.
Mail Code: 3803R Washington DC 20460
FedConnect (no hard copies accepted) Refer to Section L for Full Instructions
1100 ET 02/29/2016
Robert A. Gray 202 Gray.RobertA@epa.gov
564-1698
X
X
X
X
X
X
X
X
X
X
X
X
X
PAGE(S)
Robert A. Gray
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
STANDARD FORM 33 (Rev. 9-97)
Prescribed by GSA - FAR (48 CFR) 53.214(c) see section L
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 59
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
SOL-DC-15-00079
(A) (B) (C) (D) (E) (F)
All proposals shall be submitted electronically via FedConnect (see applicable solicitation provision) by 29 February 2016 by 1:00 PM ET.
Quotes received after the RFQ response due date and time may not be accepted.
0001 Base year of CASTNET program 1 EA
0002 Option year 1 1 EA
0003 Option year 2 1 EA
0004 Option year 3 1 EA
0005 Option year 4 1 EA
OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
NSN 7540-01-152-8067
SECTION A - Solicitation/Contract Form A-1 Clauses
SECTION B - Supplies or Services/Prices B-1 Clauses
SECTION C - Description/Specifications C-1 Clauses
SECTION D - Packaging and Marking D-1 Clauses
SECTION E - Inspection and Acceptance E-1 Clauses
SECTION F - Deliveries or Performance F-1 Clauses
SECTION G - Contract Administration Data G-1 Clauses
SECTION H - Special Contract Requirements H-1 Clauses
SECTION I - Contract Clauses I-1 Clauses
SECTION J - List of Documents, Exhibits and Other Attachments J-1 List of Documents, Exhibits, and Other Attachments
SECTION K - Representations, Certifications, and Other Statements of Bidders K-1 Clauses
SECTION L - Instructions, Conditions, and Notices to Bidders L-1 Clauses
SECTION M - Evaluation Factors for Award M-1 Clauses
SECTION A - Solicitation/Contract Form
A-1 Clauses
SECTION B - Supplies or Services/Prices
B-1 Clauses
B-1 EPAAR 1552.216-73 FIXED RATES FOR SERVICES-INDEFINITE DELIVERY/INDEFINITE QUANTITY
CONTRACT. (APR 1984)
The following fixed rates shall apply for payment purposes for the duration of the contract.
Labor Categories―fixed rates Fixed Hourly Rate To Be determined (TBD) 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 Delivery Orders and accepted by the EPA Project Officer. The Government shall pay the Contractor for the life of a delivery order at rates in effect when the delivery order was issued, even if performance under the delivery 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 Delivery Orders.
This is a single award indefinite-delivery indefinite-quantity (IDIQ) task order contract with fixed labor rates for services. Work to be performed under this contract will be ordered through task orders placed pursuant to the ordering procedures described in the contract. All task orders placed under this contract will be within the scope of the contract as described in the tasks in the Statement of Work (SOW) (see Attachment 1).
(End of clause)
B-2 Local Clauses EPA-B-16-101 MINIMUM AND MAXIMUM AMOUNTS
During the period specified in F-2, the Government shall place orders totaling a minimum of $250,000 (applicable to the contract base period only). The amount of all orders shall not exceed TBD at time of award.
Item # Period of performance Minimum Maximum Contract Guarantee Ceiling Price
0001 Contract Base Period (Year 1) $250,000 TBD
0002 Contract Base Period (Option 1) $0 TBD
0003 Contract Base Period (Option 2) $0 TBD
0004 Contract Base Period (Option 3) $0 TBD
0005 Contract Base Period (Option 4) $0 TBD
B-3 Local Clauses EPA-B-31-101 OTHER DIRECT COSTS
For the categories listed in the table in this clause, Other Direct Costs in excess of those listed in the table in this clause are not allowable as a charge to this contract without the prior written approval of the Contracting Officer:
Materials are defined in FAR 52.232-7 Payments Under Time-and-Materials and Labor Hour Contracts and FAR 16.601 Time-and-materials contracts (a).
Material handling costs: When included as part of material costs, material handling costs shall include only costs clearly excluded from the fixed labor rate (see Fixed Rates for Services—Indefinite Delivery/Indefinite Quantity Contract (EPAAR 1552.216-73) (APR 1984) under Section B). Material handling costs may include all appropriate indirect costs allocated to direct materials in accordance with the contractor's usual accounting procedures consistent with Part 31.
The Contractor shall voucher for only the materials (after applying any applicable adjustments such as rebates, refunds, credits, etc.) that are applied directly to the work called for in individual task orders and accepted by the EPA COR. 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 (including time extensions and exercising of option periods under the task order). The Contractor shall maintain records for all material costs under the contract by task orders.
The Contractor shall not exceed the following not to exceed (NTE) ceiling amounts without prior authorization by the Contracting Officer by unilateral modification of this clause:
Category of Materials NTE Ceiling Amount Subcontracts for supplies and incidental services for which there is not a labor category specified TBD at time of award
Equipment TBD at time of award
Utilities/Land Leases/Telemetry TBD at time of award
Travel TBD at time of award
Shipping TBD at time of award
Laboratory Analysis TBD at time of award
Supplies TBD at time of award
Total (Other than Direct costs) ODCs TBD at time of award (End of clause)
SECTION C - Description/Specifications
C-1 Clauses
C-1 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 Statement of Work (SOW) included in Attachment 1. Work will be ordered against the subject SOW through Contracting Officer issuance of task orders as detailed in Attachment 12 Ordering Instructions.
SECTION D - Packaging and Marking
D-1 Clauses
SECTION E - Inspection and Acceptance
E-1 Clauses
E-1 FAR 52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR. (MAY 2001)
E-2 FAR 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (GOVERNMENT
SPECIFICATION) (FEB 1999)
The Contractor shall comply with the higher-level quality standard selected below.
(X) Title Number Date Tailoring
X Specifications and Guidelines for Quality Systems for Environmental Data Collection and Environmental Technology Programs
ANSI/ASQC E4 1994 See below
As authorized by FAR 52.246-11, the higher-level quality standard ANSI/ASQC E4 is tailored as follows:
The solicitation and contract require the offeror/contractor to demonstrate conformance to ANSI/ASQC E4 by submitting the quality documentation described below.
In addition, after award of the contract, the Contractor shall revise, when applicable, quality documentation submitted before award to address specific comments provided by EPA and submit the revised documentation to the Contracting Officer’s Representative.
After award of the contract, the Contractor shall also implement all quality documentation approved by the Government.
EPA quality requirements documents may be accessed electronically at:
http://www.epa.gov/quality/.
A. Pre-award Documentation:
The Offeror shall submit the following quality system documentation as a separate and identifiable part of its technical proposal:
(X) Documentation Specifications Due
X Quality Management Plan (QMP) EPA Requirements for Quality Management Plans (QA/R-2) [dated 03/20/01]
With Offer http://www.epa.gov/quality/ http://www.epa.gov/quality/ http://www.epa.gov/quality/ http://www.epa.gov/quality/
X CASTNET Quality Assurance Project Plan (QAPP) Revision 8.2 with any proposed changes
EPA Requirements for Quality Assurance Project Plans (QA/R-5) [dated 03/20/01
With Offer
This documentation will be prepared in accordance with the specifications identified above or equivalent specifications defined by EPA’s standard operating procedures. Work involving environmental data generation or use shall not commence until the Government has approved this documentation and incorporated it into the contract.
B. Post-award Documentation:
The Contractor shall submit the following quality system documentation to the Contracting Officer’s Representative at the time frames identified below:
(X) Documentation Specifications Due
X Quality Assurance Project Plan (QAPP) for Each Applicable Project
EPA Requirements for Quality Assurance Project Plans (QA/R-5) [dated 03/20/01]
TBD at Award of contract
X Standard Operating Procedures (SOPs) EPA QA/G6, Guidance for Preparation of SOPs
TBD at Award of contract
This documentation will be prepared in accordance with the specifications identified above or equivalent specifications defined by EPA.
The Government will review and return the quality documentation, with comments, and indicating approval or disapproval. If necessary, the Contractor shall revise the documentation to address all comments and shall submit the revised documentation to the Government for approval within 30 days after receiving final comments.
The Contractor shall not commence work involving environmental data generation or use until the Government has approved the quality documentation.
SECTION F - Deliveries or Performance
F-1 Clauses
F-1 EPAAR 1552.211-72 MONTHLY PROGRESS REPORT. (JUN 1996)
(a) The Contractor shall furnish one (1) electronic PDF copy of the combined monthly technical and financial progress report stating the progress made, including the percentage of the project completed, and a description of the work accomplished to support the cost. The Contractor shall submit an export of their financial database as part of the invoice submittals in a format approved by the Project Officer (PO).”
(b) The final Monthly Progress Report format shall be designed by the Contractor and approved by the Contracting Officer’s Representative (COR). Format changes may include minor changes to content but will not result in a significant financial burden to the Contractor. The Contractor shall submit a draft version of the report to the COR for approval of the format within 14 days after the effective date of the contract. The COR will notify the Contractor if any changes to the draft report format are required.
Once approved by EPA, each report format shall be followed monthly. Any deviations/changes to the approved report format must be approved by the COR.
(c) The Contractor shall provide specific discussions that include difficulties encountered and corrective action taken during the reporting period, and anticipated activity with a schedule of deliverables for the subsequent reporting period.
(d) The Contractor shall provide a list of outstanding actions awaiting Contracting Officer authorization, noted with the corresponding task order, such as subcontractor/consultant consents, overtime approvals, and task order proposal approvals.
(e) The report shall specify financial status at the contract level as follows:
(1) For the current reporting period, provide the invoice amount claimed.
(2) For the current contract year and total contract period of performance, provide: the current contract ceiling amount, the amount obligated, the amount originally invoiced, the amount paid, the amount suspended, the amount disallowed, and the remaining approved amount. The remaining approved amount is defined as the total obligated amount, less the total amount originally invoiced, plus total amount disallowed.
(3) For the current reporting period and total contract period of performance, provide the total amount of costs incurred by contract-level Performance Work Statement (PWS) task area and in total.
(4) For the current reporting period and total contract period of performance, provide the average hourly rate by contract-level PWS task area and in total.
(5) For the current reporting period and total contract period of performance, provide the total amount of costs incurred by task order and in total.
(6) For the total contract period of performance, provide a comparison of the funded amount across all task orders and the contract ceiling.
(7) Labor hours.
(i) For the current reporting period, provide a list of employees, their labor categories, their company (i.e. prime or subcontractor), and the numbers of hours worked.
(ii) For the next reporting period, provide the estimated direct labor hours and costs to be expended.
(8) Materials.
(i) For the current reporting period and total contract period of performance, provide the total costs incurred for materials (i.e. direct materials, subcontracts for which there is not a labor category, other direct costs, and applicable indirect costs) by type.
(ii) For the next reporting period, provide the estimated materials costs to be expended.
(9) Unbilled allowable costs. For the current reporting period and total contract period of performance, provide the total costs incurred but unbilled.
(f) The report shall specify financial status at the task order level as follows:
(1) For the current reporting period, provide the invoice amount claimed.
(2) For the current contract year and total task order period of performance, provide: the task order ceiling amount, the amount obligated, the amount originally invoiced, the amount paid, the amount suspended, the amount disallowed, and the remaining approved amount. The remaining approved amount is defined as the total obligated amount, less the total amount originally invoiced, plus total amount disallowed.
(3) For the current reporting period and total task order period of performance, provide the total amount of costs incurred by contract-level PWS task area and in total.
(4) For the current reporting period and total task order period of performance, provide the total amount of costs incurred by task order-level SOW task and in total.
(5) For the current reporting period and total task order period of performance, provide the average hourly rate by contract-level PWS task area and in total.
(6) For the total task order period of performance, provide a comparison of the funded amount and the task order ceiling.
(7) Labor hours.
(i) For the current reporting period, provide a list of employees, their labor categories, their company (i.e. prime or subcontractor), and the numbers of hours worked.
(ii) For the next reporting period, provide the estimated direct labor hours and costs to be expended.
(iii) For the remainder of the task order period of performance (not including option periods), provide the estimated direct labor hours and costs required to complete the task order.
(iv) Average Labor Hours per Analysis Type. Provide the average labor hours per analysis for each type of analysis (e.g. air, soil, water, etc.) completed during the reporting period.
(v) Average Labor Cost per Analysis Type. Provide the average labor cost per analysis for each type of analysis
(e.g. air, soil, water, etc.) completed during the reporting period.
(8) Materials.
(i) For the current reporting period and total task order period of performance, provide the total costs incurred for materials (direct materials, subcontracts for which there is not a labor category, other direct costs, and applicable indirect costs) by type.
(ii) For the next reporting period, provide the estimated materials costs to be expended.
(9) Unbilled allowable costs. For the current reporting period and total task order period of performance, provide the total costs incurred but unbilled.
(10) Provide a list of deliverables for each task order during the reporting period.
(g) This submission does not change the notification requirements of the Section B clause, Limitation of Government’s Obligation (EPA-B-32-103) requiring separate written notice to the Contracting Officer.
(h) The reports shall be submitted to the following addresses on or before 7 business days after the end of each billing cycle. See EPAAR 1552.232–70, Submission of Invoices, paragraph (e), for details on the timing of submittals. Distribute reports as follows: See Attachment 4 – Reporting Requirements.
F-2 Local Clauses EPA-F-12-101 PERIOD OF PERFORMANCE
The period of performance of the base contract shall be from contract award through 12 months from the effective date inclusive of all required reports. The maximum duration of this contract will be a Base Period of one (1) year, and four (4) option periods, not to exceed a total of 60 months.
F-3 FAR 52.242-15 STOP-WORK ORDER. (AUG 1989)
F-4 EPAAR 1552.211-75 WORKING FILES. (APR 1984)
F-5 EPAAR 1552.211-70 REPORTS OF WORK. (OCT 2000)
The Contractor shall prepare and deliver reports, including plans, evaluations, studies, analyses and manuals in accordance with Attachment 4 – Reporting Requirements. Each report shall cite the contract number, identify 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.
SECTION G - Contract Administration Data
G-1 Clauses
G-1 EPAAR 1552.237-72 KEY PERSONNEL. (APR 1984)
(a) The Contractor shall assign to this contract the following key personnel:
Title Name
(1) Project Manager or equivalent TBD at time of award
(2) Data Management, Analysis, Interpretation and
Reporting Manager or equivalent TBD at time of award
(3) Project QA Supervisor or equivalent TBD at time of award
(4) QA Manager or equivalent TBD at time of award
(5) Field Operations Manager or equivalent TBD at time of award
(6) Laboratory Operations Manager or equivalent TBD at time of award
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) of this clause. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.
G-2 Local Clauses EPA-G-42-101 CONTRACT ADMINISTRATION REPRESENTATIVES
Contract-Level Contracting Officers Representatives (CORs) for this contract are as follows:
Primary COR: Alternate COR:
TBD TBD
Address Line 1 Address Line 1
Address Line 2 Address Line 2
Address Line 3 Address Line 3
Phone: Phone:
Email: Email:
Contracting Office officials responsible for administering this contract are as follows:
Contracting Officer: Contract Specialist:
TBD TBD
Address Line 1 Address Line 1
Address Line 2 Address Line 2
Address Line 3 Address Line 3
Phone: Phone:
Email: Email:
G-3 Local Clauses EPA-G-42-102 AUTHORIZED REPRESENTATIVE OF THE CONTRACT-LEVEL COR
(a) The Task Order Contracting Officer’s Representative (TOCOR) referenced in the Technical Direction clause is the individual authorized by the Contracting Officer on an individual task order to:
(1) receive task order deliverables;
(2) receive copies of Monthly Progress Reports specific to the task order for which the TOCOR is authorized;
(3) attend meetings with the Contract-Level COR and Contractor in order to monitor progress of those task orders for which he/she is cognizant; and
(4) provide technical direction on those task orders subject to the limitations of the Technical Direction clause.
G-4 Local Clauses EPA-G-45-101 DESIGNATION OF PROPERTY ADMINISTRATOR
The property administrator for this contract is as follows:
TBD at time of award
The property administrator is the Contracting Officer's designated representative on property matters. The Contractor shall furnish all required information on property to the property administrator.
G-5 SUBMISSION OF INVOICES (EPAAR 1552.232-70) (JUN 1996) ALTERNATE I (JUN 1996)
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) The Contractor shall submit the invoice or request for contract financing payment either in electronic format.
(1) If submitting electronically, the Contractor shall follow the submission instructions at:
http://www.epa.gov/ocfo/finservices/contracts.htm. One hard copy and one electronic copy via email of the invoice shall concurrently be sent to the Contract-Level COR.
(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 task orders, 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 task order and for the contract total, as well as any supporting data for each task order as identified in the instructions.
(2) The invoice or request for contract financing payment that employs a fixed rate feature shall include current and http://www.epa.gov/ocfo/finservices/contracts.htm http://www.epa.gov/ocfo/finservices/contracts.htm http://www.epa.gov/ocfo/finservices/contracts.htm http://www.epa.gov/ocfo/finservices/contracts.htm http://www.epa.gov/ocfo/finservices/contracts.htm http://www.epa.gov/ocfo/finservices/contracts.htm http://www.epa.gov/ocfo/finservices/contracts.htm http://www.epa.gov/ocfo/finservices/contracts.htm cumulative charges by contract labor category and by other major cost elements such as travel, equipment, and other direct costs. For current costs, each cost element shall include the appropriate supporting schedules identified in the invoice preparation instructions.
(d)(1) The charges for subcontracts shall be further detailed in a supporting schedule showing the major cost elements for each subcontract.
(2) On a case-by-case basis, when needed to verify the reasonableness of subcontractor costs, the Contracting Officer may require that the Contractor obtain from the subcontractor cost information in the detail set forth in (c)(2). This information should be obtained through a means which maintains subcontractor confidentiality (for example, via sealed envelopes), if the subcontractor expresses confidential business information (CBI) concerns.
(e) Invoices or requests for contract financing payment must clearly indicate the period of performance for which payment is requested. Separate invoices or requests for contract financing payment are required for charges applicable to the basic contract and each option period.
(f) (1) Notwithstanding the provisions of the clause of this contract at FAR 52.216-7, Allowable Cost and Payment, invoices or requests for contract financing payment shall be submitted once per month unless there has been a demonstrated need and Contracting Officer approval for more frequent billings. When submitted on a monthly basis, the period covered by invoices or requests for contractor financing payments shall be the same as the period for monthly progress reports required under this contract.
(2) If the Contracting Officer allows submissions more frequently than monthly, one submittal each month shall have the same ending period of performance as the monthly progress report.
(3) Where cumulative amounts on the Monthly Progress Report differ from the aggregate amounts claimed in the invoice(s) or request(s) for contract financing payments covering the same period, the Contractor shall provide a reconciliation of the difference as part of the payment request.
SECTION H - Special Contract Requirements
H-1 Clauses
H-1 EPAAR 1552.217-76 OPTION TO EXTEND THE EFFECTIVE PERIOD OF THE CONTRACT-INDEFINITE
DELIVERY/INDEFINITE QUANTITY CONTRACT.
(a) The Government has the option to extend the effective period of this contract for four (4) additional period(s). If more than sixty (60) days remain in the contract effective period, the Government, without prior written notification, may exercise these option by issuing a contract modification. To unilaterally exercise these option periods, the Government must issue written notification of its intent to exercise the options prior to that last 60-day period. This preliminary notification does not commit the Government to exercising the options.
(b) If the options are exercised, the "Minimum and Maximum Contract Amount" clause will not be modified to reflect new and separate minimums and maximums
(c) The "Effective Period of the Contract" clause will be modified to cover a base period and options tbd at award .
H-2 EPAAR 1552.237-71 TECHNICAL DIRECTION. (AUG 2009)
(a) The Contract-level Contracting Officer’s Representative (COR) is the primary representative of the Contracting Officer authorized to provide technical direction on contract performance.
(b) Individuals other than the COR may be authorized to provide technical direction. If individuals other than the COR are authorized to provide technical direction, their names will be specified in the contract or task order as appropriate. A Task Order COR (TOCOR) is authorized to provide technical direction, subject to the limitations set forth below, only on his/her task order.
(c) Technical direction includes:
(1) Direction to the Contractor which assists the Contractor in accomplishing the Statement of Work (SOW).
(2) Comments on and approval of reports or other deliverables.
(d) Technical direction must be within the contract Performance Work Statement (PWS) and the task order SOW.
The COR or any other technical representative of the Contracting Officer does not have the authority to issue technical direction which:
(1) institutes additional work outside the scope of the contract or task order;
(2) constitutes a change as defined in the “Changes” clause;
(3) causes an increase or decrease in the estimated cost of the contract or task order
(4) alters the period of performance; or
(5) changes any of the other express terms or conditions of the contract or task order.
(e) Technical direction will be issued in writing or confirmed in writing within five (5) calendar days after verbal issuance. One copy of the technical direction memorandum will be forwarded to the Contracting Officer and the
COR.
H-3 Local Clauses EPA-H-04-101 RETENTION AND AVAILABILITY OF CONTRACTOR FILES
(a) The contract contains the Federal Acquisition Regulation (FAR) Clause 52.215-2 ""Audit and Records - Negotiation (OCT 2010),"" wherein the contractor is required to maintain and make available to the Contracting Officer or representative of the Contracting Officer (in accordance with FAR Subpart 4.7, ""Contractor Records Retention"") at its office at all reasonable times the books, records, documents, and other evidence relating to this contract (including personnel utilization records, site records, and accounting procedures and practices sufficient to reflect properly all costs claimed to have been incurred under this contract).
Such files shall be made available for examination, audit or reproduction.
(b) The contractor is advised that the Government may file suit against potential responsible parties for costs incurred relative to site-related response activities. In such proceedings, the contractor's cost and performance records may become an integral part of the Government's case.
(c) Accordingly, due to the extended nature of court proceedings and EPA audit requirements, the contractor shall make available to the Government, and only to the Government, the records described in (a) and (b) above for a period of ten (10) years after final payment under the contract (See FAR 4.703(b)(1)).
(d) In addition, the contractor shall make available to the Government, and only to the Government, the records relating to any appeals, litigation or the settlement of claims with third parties and which relate to this contract (i.e., cost recovery) until such appeals, litigation, or claims are disposed of.
(e) The contractor shall not destroy original records relating to the contract until (1) all litigation involving the records has been finally settled and approval is obtained from the Contracting Officer, or (2) ten (10) years have passed from the date of final payment, and no litigation involving the records has been instituted, and approval of the Contracting Officer is obtained. In no event should individual records be destroyed if litigation relating to such records is in-process or pending.
(f) From time to time, the Government may, in support of litigation cases, have the need for the contractor to research and make available such records in a form and manner not normally maintained by the contractor. Such effort shall be deemed to be within the scope of work under this contract. If this effort is required after performance of this contract, a separate negotiated procurement action may be instituted with the contractor.
H-4 Local Clauses EPA-H-07-102 IDENTIFICATION OF ON-SITE CONTRACTOR EMPLOYEES
All Contractor, subcontractor, and consultant personnel shall wear prominently displayed identification badges at all times when performing work on EPA property or attending meetings in the performance of this contract. The badge shall contain the individual's name, the company name and logo. When participating in such meetings (e.g., as a speaker, panel member), those individuals in Contractor employ must supplement physical identification (e.g., badges, place markers) with verbal announcements so that it is clear to the assembled group that they are employees of the Contractor, not Agency staff members. In addition, when working on EPA property, all contractor, subcontractor, and consultant personnel shall have signs visible on their desks or at their work sites that clearly state that they are not EPA employees.
H-5 Local Clauses EPA-H-09-107 UNPAID FEDERAL TAX LIABILITY & FELONY CRIMINAL VIOLATION
CERTIFICATION (APR 2012)
(a) In order to meet the requirements of Sections 433 and 434 of Division E of the Consolidated Appropriations Act, 2012 (Pub.L. 112-74); 2013 Continuing Appropriations Resolution (Pub.L. 112-175); Consolidated and Further Continuing Appropriations Act, 2013 (Pub.L. 113-6); Continuing Appropriations Act, 2014 (Pub.L. 113-46), and subsequent relevant appropriations acts, the contractor shall provide the contracting officer a certification whereby the contractor certifies:
(i) It is not a corporation that has been convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal law within the preceding 24 months; and
(ii) It is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
(b) Failure of the contractor to furnish a certification or provide such additional information as requested by the contracting officer may render the contractor ineligible for FY 2012, 2013, 2014 or subsequent FY contract funding.
(c) The contractor has a continuing obligation to update the subject certification as required.
H-6 Local Clauses EPA-H-42-102 UTILIZATION OF FEDCONNECT FOR CONTRACT ADMINISTRATION
EPA will utilize the FedConnect® web portal in administering this contract. The contractor must be registered in FedConnect® and have access to the FedConnect website located at https://www.fedconnect.net/Fedconnect/. For assistance in registering or for other FedConnect® technical questions please call the FedConnect® Help Desk at (800) 899-6665 or email at support@fedconnect.net.
End of clause
H-7 Local Clauses EPA-H-44-102 IDENTIFICATION OF SUBCONTRACTORS
(a) The purpose of this clause is to identify the subcontractors in the Contractor's proposal which resulted in award of this contract.
(b) Notwithstanding FAR clause 52.244-2, of this contract entitled "Subcontracts", it is hereby agreed to and understood that the following "team subcontractors" will perform the work under this contract as outlined in the Contractor's technical proposal incorporated in Section C of this contract:
TBD []
(c) Any substitutions in the above listing of subcontractors which will result in a deviation from the Contractor's technical proposal which resulted in award of this contract shall be approved in writing by the Contracting Officer in advance of the substitution. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, information required by the clause of this contract entitled "Subcontracts" and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the subcontractors being replaced.
This clause may be modified upon approval of the requested substitutions by the Contracting Officer.
(d) This clause is not intended to grant consent to the above subcontracts. Subcontract consent will be granted in accordance with EPA procedures and the clause of this contract entitled "Subcontracts."
H-8 EPAAR 1552.203-71 Display of EPA Office of Inspector General Hotline Poster (Aug 2000)
H-9 EPAAR 1552.208-70 Printing (Dec 2005)
H-10 EPAAR 1552.209-71 Organizational Conflicts of Interest (May 1994)
H-11 EPAAR 1552.209-73 Notification of Conflicts Of Interest Regarding Personnel (May 1994)
H-12 EPAAR 1552.209-75 Annual Certification (May 1994)
H-13 EPAAR 1552.211-79 Compliance with EPA Policies for Information Resources Management (Oct 2000)
H-14 EPAAR 1552.227-76 Project Employee Confidentiality Agreement (May 1994)
H-15 EPAAR 1552.228-70 Insurance Liability to Third Persons (Oct 2000)
H-16 EPAAR 1552.232-73 Payments—Fixed-Rate Services Contract (Oct 2000)
H-17 EPAAR 1552.235-70 Screening Business Information for Claims of Confidentiality (Apr 1984)
H-18 EPAAR 1552.235-71 Treatment of Confidential Business Information (Apr 1984)
H-19 EPAAR 1552.235-73 Access to Federal Insecticide, Fungicide, and Rodenticide Act Confidential Business Information (Apr 1996)
H-20 EPAAR 1552.235-77 Data Security for Federal Insecticide, Fungicide and Rodenticide Act Confidential Business Information (Dec 1997)
H-21 EPAAR 1552.235-79 Release of Contractor Confidential Business Information (Apr 1996)
H-22 EPAAR 1552.237-75 Paperwork Reduction Act (Apr 1984)
H-23 EPAAR 1552.237-76 Government-Contractor Relations (Jun 1999)
(a) The Government and the Contractor understand and agree that the services to be delivered under this contract by the contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor's personnel. It is, therefore, in the best interest of the Government to afford both parties a full understanding of their respective obligations.
(b) Contractor personnel under this contract shall not:
(1) Be placed in a position where they are under the supervision, direction, or evaluation of a Government employee.
(2) Be placed in a position of command, supervision, administration or control over Government personnel, or over personnel of other Contractors under other EPA contracts, or become a part of the Government organization.
(3) Be used in administration or supervision of Government procurement activities.
(c) Employee relationship. (1) The services to be performed under this contract do not require the Contractor or his/her personnel to exercise personal judgment and discretion on behalf of the Government. Rather the Contractor's personnel will act and exercise personal judgment and discretion on behalf of the Contractor.
(2) Rules, regulations, directives, and requirements that are issued by the U.S. Environmental Protection Agency under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.
(d) Inapplicability of employee benefits. This contract does not create an employer-employee relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply.
(1) Payments by the Government under this contract are not subject to Federal income tax withholdings.
(2) Payments by the Government under this contract are not subject to the Federal Insurance Contributions Act.
(3) The Contractor is not entitled to unemployment compensation benefits under the Social Security Act, as amended, by virtue of performance of this contract.
(4) The Contractor is not entitled to workman's compensation benefits by virtue of this contract.
(5) The entire consideration and benefits to the Contractor for performance of this contract is contained in the provisions for payment under this contract.
(e) Notice. It is the Contractor's, as well as, the Government's responsibility to monitor contract activities and notify the Contracting Officer if the Contractor believes that the intent of this clause has been or may be violated.
(1) The Contractor should notify the Contracting Officer in writing promptly, within ____ (to be negotiated and inserted into the basic contract at contract award) calendar days from the date of any incident that the Contractor considers to constitute a violation of this clause. The notice should include the date, nature and circumstance of the conduct, the name, function and activity of each Government employee or Contractor official or employee involved or knowledgeable about such conduct, identify any documents or substance of any oral communication involved in the conduct, and the estimate in time by which the Government must respond to this notice to minimize cost, delay or disruption of performance.
(2) The Contracting Officer will promptly, within ____ (to be negotiated and inserted into the basic contract at contract award) calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer will either:
(i) Confirm that the conduct is in violation and when necessary direct the mode of further performance,
(ii) Countermand any communication regarded as a violation,
(iii) Deny that the conduct constitutes a violation and when necessary direct the mode of further performance; or
(iv) In the event the notice is inadequate to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished by the Contractor and the date thereafter by which the Government will respond.
(End of clause)
H-24 SMALL DISADVANTAGED BUSINESS TARGETS (EPAAR 1552.219-73) (OCT 2000)
(a) In accordance with FAR 19.1202-4(a) and EPAAR 1552.219-72, the following small disadvantaged business (SDB) participation targets proposed by the Contractor are hereby incorporated into and made part of the contract:
Contractor Targets NAICS Industry Subsector(s) Dollars
Percentage of Total Contract Value
Total Prime Contractor Targets (Including joint venture partners and team members)
TBD TBD TBD
Total Subcontractor Targets TBD TBD TBD
(b) The following specifically identified SDB(s) was (were) considered under the Section-SDB participation evaluation factor or subfactor (continue on separate sheet if more space is needed):
(1) TBD
(2)
(3)
(4)
(5)
The Contractor shall promptly notify the Contracting Officer of any substitution of firms if the new firms are not SDB concerns.
(c) In accordance with FAR 52.219-25, Small Disadvantaged Business Participation Program- Disadvantaged Status and Reporting, the Contractor shall report on the participation of SDB concerns in the performance of the contract no less than thirty (30) calendar days prior to each annual contractor performance evaluation or as otherwise directed by the contracting officer.
SECTION I - Contract Clauses
I-1 Clauses
I-1 FAR 52.202-1 DEFINITIONS. (NOV 2013)
I-2 FAR 52.203-3 GRATUITIES. (APR 1984)
I-3 FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)
I-4 FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (SEP 2006)
I-5 FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (SEP 2006) -
ALTERNATE I (OCT 1995)
I-6 FAR 52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)
I-7 FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER
ACTIVITY. (MAY 2014)
I-8 FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (APR 2010)
I-9 FAR 52.203-14 DISPLAY OF HOTLINE POSTER(S). (DEC 2007)
EPA Hotline Poster may be obtained from: http://www.epa.gov/oig/hotline/html or write to EPA Office of Inspector General ATTN: OIG Hotline (2443) 1200 Pennsylvania Avenue, NW Washington, DC 20460
I-10 FAR 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009. (JUN 2010)
I-11 FAR 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST. (DEC 2011)
I-12 FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (APR 2014)
I-13 FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER.
(MAY 2011)
I-14 FAR 52.215-2 AUDIT AND RECORDS - NEGOTIATION. (OCT 2010)
I-15 FAR 52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT. (OCT 1997)
I-16 FAR 52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA -
MODIFICATIONS. (AUG 2011)
I-17 FAR 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA. (OCT 2010)
I-18 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES. (OCT 1997)
(a) The Contractor shall make the following notifications in writing:
(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.
(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.
(b) The Contractor shall -
(1) Maintain current, accurate, and complete inventory records of assets and their costs;
(2) Provide the ACO or designated representative ready access to the records upon request;
(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and
(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.
(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).
(End of clause)
I-19 FAR 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN
CERTIFIED COST OR PRICING DATA - MODIFICATIONS. (OCT 2010)
I-20 FAR 52.216-7 ALLOWABLE COST AND PAYMENT. (JUN 2013)
(3) The designated payment office will make interim payments for contract financing on the 30th day after the designated billing office receives a proper payment request.
I-21 FAR 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract.
These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 calendar days before the contract expiration date.
I-22 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
(End of clause)
I-23 FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (OCT 2014)
I-24 FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN. ALTERNATE II (OCT 2001)
I-25 FAR 52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN. (JAN 1999)
I-26 FAR 52.222-3 CONVICT LABOR. (JUN 2003)
I-27 FAR 52.222-21 PROHIBITION…
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