Posted SOL-R2-11-00004.pdf

SOL-R2-11-00004

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

1 231

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

01/18/2011 X

R2

REGION 2

US ENVIRONMENTAL PROTECTION AGENCY

290 BROADWAY

NEW YORK NY 10007-1866

R2 1500 ES 02/17/2011

Jeannie Tung 212 Tung.Jeannie@epa.gov

637-3378

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PAGE(S)

Karen Giacobbe

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (Rev. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

4-8

9-10 13-14 15-20 21-33

34-39

41-45

46-56

57-58

TABLE OF CONTENTS

Section A - Solicitation/Contract Form Section B - Supplies or Services/Prices EP 52.216-140 Minimum and maximum amounts Section C - Description/Specifications EPAAR 1552.211-79 Compliance with EPA Policies for Information Resources Management. (OCT 2000) EP 52.210-100 Statement of work/performance work statement/specifications Section D - Packaging and Marking Section E - Inspection and Acceptance Section F - Deliveries or Performance EP 52.212-140 Period of performance EPAAR 1552.242-71 Contractor Performance Information (MAY 2010) (Deviation) Section G - Contract Administration Data EPAAR 1552.211-72 Monthly progress report. (JUN 1996) EPAAR 1552.216-72 Ordering-by designated ordering officers. (APR 1984) EPAAR 1552.232-70 Submission of invoices. (JUN 1996) - Alternate I (JUN 1996) EPAAR 1552.232-73 Payments-fixed-rate services contract. (OCT 2000) EPAAR 1552.242-70 Indirect costs. (APR 1984) EP 52.245-140 Designation of property administrator EP 52.242-310 Annual Allocation of Non-Site-Specific Costs EP 52.242-100 Contract Administration Representatives Section H - Special Contract Requirements EPAAR 1552.203-71 Display of EPA Office of Inspector General Hotline poster. (AUG 2000) EPAAR 1552.208-70 Printing. (DEC 2005) EPAAR 1552.209-70 Organizational conflict of interest notification. (APR 1984) EPAAR 1552.209-71 Organizational conflicts of interest. (MAY 1994) -- Alternate I (MAY 1994) ... 23 EPAAR 1552.209-72 Organizational conflict of interest certification. (APR 1984) EPAAR 1552.209-73 Notification of conflicts of interest regarding personnel. (MAY 1994) EPAAR 1552.216-77 Award term incentive EPAAR 1552.216-78 Award Term Incentive Plan EPAAR 1552.216-79 Award Term Availability of Funds. (FEB 2008) EPAAR 1552.227-76 Project employee confidentiality agreement. (MAY 1994) EPAAR 1552.235-70 Screening business information for claims of confidentiality. (APR 1984) EPAAR 1552.235-76 Treatment of Confidential Business Information. (APR 1996) EPAAR 1552.235-79 Release of contractor confidential business information. (APR 1996) EPAAR 1552.235-80 Access to confidential business information. (OCT 2000) EPAAR 1552.237-71 Technical direction. (AUG 2009) EPAAR 1552.237-72 Key personnel. (APR 1984) EPAAR 1552.237-75 Paperwork Reduction Act. (APR 1984) EPAAR 1552.237-76 Government-Contractor Relations. (JUN 1999) EP 52.239-101 Contractor access to EPA computers Section I - Contract Clauses FAR 52.209-8 Updates of Information Regarding Responsibility Matters. (APR 2010) FAR 52.216-18 Ordering. (OCT 1995) FAR 52.216-19 Order Limitations. (OCT 1995) FAR 52.216-22 Indefinite Quantity. (OCT 1995) FAR 52.217-8 Option to Extend Services. (NOV 1999) FAR 52.219-17 Section 8(a) Award. (DEC 1996) FAR 52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns. (JUN 2003) FAR 52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 1989) FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998) FAR 52.252-6 Authorized Deviations in Clauses. (APR 1984) Section J - List of Documents, Exhibits and Other Attachments

Section K - Representations, Certifications, and Other Statements of Bidders FAR 52.204-8 Annual Representations and Certifications. (OCT 2010) FAR 52.209-7 Information Regarding Responsibility Matters. (APR 2010) EPAAR 1552.224-70 Social security numbers of consultants and certain sole proprietors and Privacy Act statement. (APR 1984) Section L - Instructions, Conditions, and Notices to Bidders FAR 52.216-1 Type of Contract. (APR 1984) FAR 52.233-2 Service of Protest. (SEP 2006) FAR 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) EPAAR 1552.215-72 Instructions for the Preparation of Proposals. (AUG 1999) EPAAR 1552.215-73 General financial and organizational information. (AUG 1999) EPAAR 1552.215-75 Past performance information. (OCT 2000) EPAAR 1552.233-70 Notice of filing requirements for agency protests. (JUL 1999) EP 52.212-170 Proposed contract start date EP 52.215-110 Technical questions EP 52.215-115 Release of cost or pricing proposals outside the government for audit……………….56 EP 52.219-100 Identification of set-aside/8(a) program applicability EP 52.222-100 Compliance with FAR Clause 52.222-43, "Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts)" Section M - Evaluation Factors for Award FAR 52.217-5 Evaluation of Options. (JUL 1990) EPAAR 1552.215-70 EPA source evaluation and selection procedures-negotiated procurements.

(AUG 1999)

EPAAR 1552.215-71 Evaluation factors for award. (AUG 1999) - Alternate II (AUG 2000)

Section A - Solicitation/Contract Form

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Section B - Supplies or Services/Prices

BASE PERIOD: YEAR 1 (June 6, 2011 – June 5, 2012)

FIXED PRICE

UNIT

OF UNIT TOTAL

CLIN # DESCRIPTION QTY. ISSUE PRICE DOLLARS

0001 Pre-Remedial File 12 MO $ $ Room Services

FIXED RATES

The following fixed rates shall apply for payment purposes for the duration of the contract.

ESTIMATED FIXED

DIRECT HOURLY TOTAL

CLIN # DESCRIPTION LABOR HOURS RATE DOLLARS

0002 Project Manager 2,000 $ $

0003 Librarian – New Jersey 2,000 $ $

0004 Library Technician – 8,000 $ $ New Jersey

0005 Librarian – New York 8,000 $ $

0006 Library Technician – 10,000 $ $ New York

0007 Other Direct Costs $11,000

BASE PERIOD (YEAR 1) CEILING $

BASE PERIOD: YEAR 2 (June 6, 2012 – June 5, 2013)

FIXED PRICE

UNIT

OF UNIT TOTAL

CLIN # DESCRIPTION QTY. ISSUE PRICE DOLLARS

1001 Pre-Remedial File 12 MO $ $ Room Services

FIXED RATES

The following fixed rates shall apply for payment purposes for the duration of the contract.

ESTIMATED FIXED

DIRECT HOURLY TOTAL

CLIN # DESCRIPTION LABOR HOURS RATE DOLLARS

1002 Project Manager 2,000 $ $

1003 Librarian – New Jersey 2,000 $ $

1004 Library Technician – 8,000 $ $ New Jersey

1005 Librarian – New York 8,000 $ $

1006 Library Technician – 10,000 $ $ New York

1007 Other Direct Costs $11,000

BASE PERIOD (YEAR 2) CEILING $

AWARD TERM PERIOD 1 : (June 6, 2013 – June 5, 2014)

UNIT

OF UNIT TOTAL

CLIN # DESCRIPTION QTY. ISSUE PRICE DOLLARS

2001 Pre-Remedial File 12 MO $ $ Room Services

FIXED RATES

The following fixed rates shall apply for payment purposes for the duration of the contract.

ESTIMATED FIXED

DIRECT HOURLY TOTAL

CLIN # DESCRIPTION LABOR HOURS RATE DOLLARS

2002 Project Manager 2,000 $ $

2003 Librarian – New Jersey 2,000 $ $

2004 Library Technician – 8,000 $ $ New Jersey

2005 Librarian – New York 8,000 $ $

2006 Library Technician – 10,000 $ $ New York

2007 Other Direct Costs $11,000

AWARD TERM PERIOD 1 CEILING $

AWARD TERM PERIOD 2 : (June 6, 2014 – June 5, 2015)

UNIT

OF UNIT TOTAL

CLIN # DESCRIPTION QTY. ISSUE PRICE DOLLARS

3001 Pre-Remedial File 12 MO $ $ Room Services

FIXED RATES

The following fixed rates shall apply for payment purposes for the duration of the contract.

ESTIMATED FIXED

DIRECT HOURLY TOTAL

CLIN # DESCRIPTION LABOR HOURS RATE DOLLARS

3002 Project Manager 2,000 $ $

3003 Librarian – New Jersey 2,000 $ $

3004 Library Technician – 8,000 $ $ New Jersey

3005 Librarian – New York 8,000 $ $

3006 Library Technician – 10,000 $ $ New York

3007 Other Direct Costs $11,000

AWARD TERM PERIOD 2 CEILING $

AWARD TERM PERIOD 3 : (June 6, 2015 – June 5, 2016)

UNIT

OF UNIT TOTAL

CLIN # DESCRIPTION QTY. ISSUE PRICE DOLLARS

4001 Pre-Remedial File 12 MO $ $ Room Services

FIXED RATES

The following fixed rates shall apply for payment purposes for the duration of the contract.

ESTIMATED FIXED

DIRECT HOURLY TOTAL

CLIN # DESCRIPTION LABOR HOURS RATE DOLLARS

4002 Project Manager 2,000 $ $

4003 Librarian – New Jersey 2,000 $ $

4004 Library Technician – 8,000 $ $ New Jersey

4005 Librarian – New York 8,000 $ $

4006 Library Technician – 10,000 $ $ New York

4007 Other Direct Costs $11,000

AWARD TERM PERIOD 3 CEILING $

TOTAL PRICE OF BASE PERIOD AND THREE AWARD TERM PER IODS: $

FIXED PRICE:

The fixed price set forth above is inclusive of wages, payroll taxes, fringe benefits, indirect costs such as overhead, general and administrative expenses, cost of obtaining and maintaining minimum amounts of liability insurance set forth in FAR 28.307-2, report preparation, clerical support, background checks, drug testing, and profit. Overtime is not an allowable charge on this contract.

FIXED LABOR RATES :

The rate, or rates, set forth above cover all expenses, including wages, payroll taxes and fringe benefits, report preparation, clerical support, background checks, drug testing, cost of obtaining and maintaining minimum amounts of liability insurance set forth in FAR 28.307-2, overhead, general and administrative expenses, and profit. Overtime is not an allowable charge on this contract.

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 Contracting Officer=s Representative (Project Officer). If work under a task order extends past the last period of the contract, the last period=s rates shall remain in effect for the duration of the task order.

Personnel time vouchered shall be only that time expended in a productive effort as specifically ordered by individual task orders. 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 fixed rate task orders.

Other Direct Costs (ODCs) include all other contract related charges beyond the fixed price and fixed labor rates. Such efforts typically include, but are not limited to: subcontracting, materials, and travel and subsistence. For the purposes of this contract, the ODCs are considered materials. Any material handling cost will apply to the ODCs only. ODCs and any applicable Material Handling Charge will be treated in accordance with EPAAR 1552.232-73, Payments-fixed-rate services contract, in Section G.

EP 52.216-140 Minimum and maximum amounts

During the period specified in the "Ordering" clause, the Government shall place orders totaling a minimum of $300,000. The amount of all orders shall not exceed TO BE DETERMINED AT TIME OF

AWARD .

The maximum potential value of the contract is TO BE DETERMINED AT TIME OF AWARD . The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

Section C - Description/Specifications

EPAAR 1552.211-79 Compliance with EPA Policies for Information Resources Management. (OCT 2000)

(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 in this clause and noted below. Upon receipt of a work request (i.e. delivery order or work assignment), the Contractor shall check this listing of directives (see paragraph (d) for electronic access). The applicable directives for performance of the work request are those in effect on the date of issuance of the work request.

(1) IRM Policies, Standards and Procedures. The 2100 Series (2100-2199) of the Agency's Directive System contains the majority of the Agency's IRM policies, standards and procedures.

(2) Groundwater Program IRM Requirement. A contractor performing any work related to collecting Groundwater data; or developing or enhancing data bases containing Groundwater quality data shall comply with EPA Order 7500.1A-Minimum Set of Data Elements for Groundwater.

(3) EPA Computing and Telecommunications Services. The Enterprise Technology Services Division (ETSD) Operational Directives Manual contains procedural information about the operation of the Agency's computing and telecommunications services. Contractors performing work for the Agency's National Computer Center or those who are developing systems which will be operating on the Agency's national platforms must comply with procedures established in the Manual. (This document may be found at: http://basin.rtpnc.epa.gov/etsd/directives.nsf).

(c) Printed Documents. Documents listed in (b)(1) and (b)(2) may be obtained from: U.S.

Environmental Protection Agency Office of Administration Facilities Management and Services Division Distribution Section Mail Code: 3204 1200 Pennsylvania Ave., NW., Washington, DC 20460 Phone: (202) 260-5797

(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://epa.gov/docs/irmpoli8/.

EP 52.210-100 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 included in Attachment 1. Work will be ordered against the subject Performance Work Statement through Contracting Officer issuance of task orders.

Section D - Packaging and Marking

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Section E - Inspection and Acceptance

NOTICE Listing Contract Clauses Incorporated by Reference

The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

NUMBER DATE TITLE

52.246-4 AUG 1996 Inspection of Services - Fixed-Price 52.246-6 MAY 2001 Inspection - Time-and-Material and Labor-Hour

Section F - Deliveries or Performance

52.242-15 AUG 1989 Stop-Work Order

EP 52.212-140 Period of performance

The period of performance of this contract shall be from June 6, 2011 through June 5, 2013 inclusive of all required reports.

EPAAR 1552.242-71 Contractor Performance Information (MAY 2010) (Deviation)

(a) In accordance with Federal Acquisition Regulation (FAR) Subpart 42.15 and EPAAR Deviation 1542.15, past performance evaluations shall be prepared and submitted electronically to the Past Performance Information Retrieval System (PPIRS). The process for submitting evaluation reports to PPIRS shall be through use of the Contractor Performance Assessment Reporting System (CPARS) which has connectivity with PPIRS.

Using CPARS, EPA shall evaluate contractor performance using the following evaluation factors as applicable: Technical (Quality of Product), Product Performance, Systems Engineering, Software Engineering, Logistic Support/Sustainment, Product Assurance, Other Technical Performance, Schedule, Cost Control (Not Applicable for Firm-Fixed Price or Firm-Fixed Price with Economic Price Adjustment), Management, Management Responsiveness, Subcontract Management, Program Management and Other Management, Other Areas, and Utilization of Small Business.

Each evaluation factor shall be rated in accordance with a five scale rating system: Red/Unsatisfactory, Yellow/Marginal, Green/Satisfactory, Purple/Very Good, and Dark Blue/Exceptional, N/A = Not Applicable. Plus or minus signs may be used to indicate an improving (+) or worsening (-) trend insufficient to change assessment status.

(b) The contractor shall designate representatives to whom the evaluations will be sent automatically and electronically. The name, title, e-mail address and phone number of the designated contractor representative shall be provided to the contracting officer who will, in turn, provide that information to their CPARS Focal Point administrator for authorization access. Any changes in designated contractor personnel shall be the sole responsibility of the contractor to inform the contracting officer and the CPARS Focal Point.

The contractor has thirty (30) calendar days from the date of the contractor's receipt of the Report to review and provide a response to the contracting officer regarding the contents of the Report. The response shall be sent through CPARS.

The contractor's response to the Report may include written comments, rebuttals (disagreements), or additional information. If the contractor does not respond to the Report within the designated thirty (30) calendar days, the specified ratings in the Report are deemed appropriate for the evaluation period. In this instance, the contracting officer shall complete the Agency review and finalize the evaluation in CPARS after expiration of the specified 30 calendar days.

If the contractor submits comments, rebuttals (disagreements), or additional information to the contracting officer which contests the ratings, the contracting officer, in consultation with the contract level contracting officer’s representative and/or applicable official, shall initially try to resolve the disagreement with the contractor.

If the disagreement is not resolved between the contractor and the contracting officer, the matter will be referred, as promptly as possible, to the Reviewing Official (an official at least one level above the contracting officer or contract specialist) for resolution.

The Agency Reviewing Official shall record a determination in CPARS. The ultimate conclusion on the performance evaluation is a decision of the EPA.

The contracting officer shall complete the Agency review and finalize the evaluation in CPARS after the contracting officer receives the Agency Reviewing Official’s determination.

An interim or final report is considered completed after the contracting officer finalizes the evaluation in

CPARS.

Section G - Contract Administration Data

EPAAR 1552.211-72 Monthly progress report. (JUN 1996)

(a) The Contractor shall furnish one copy of the monthly technical progress report stating the progress made, including the current status and a description of the work accomplished. The Contractor may provide summary tables presenting information describing current or forthcoming deliverables with date delivered and/or due dates. Any outstanding issues/problem resolution associated with a Task Order may be reported along with cost information by site, task and/or activity. All work ordered using a Technical Direction Document (TDD) shall reference the TDD number and Site Name. The report should be separated by file room.

(b) The report shall be submitted to the COR in electronic format on or before the 20th day of each month following the first complete reporting period of the contract.

EPAAR 1552.216-72 Ordering-by designated ordering officers. (APR 1984)

(a) The Government will order any supplies and services to be furnished under this contract by issuing delivery orders on Optional Form 347, or any agency prescribed form, from the effective date of the contract through the expiration date of the contract. In addition to the Contracting Officer, the following individuals are authorized ordering officers.

EPA Region 2 Contracting Officers.

(b) A Standard Form 30 will be the method of amending delivery orders.

(c) The Contractor shall acknowledge receipt of each order and shall prepare and forward to the Ordering Officer within ten (10) calendar days the proposed staffing plan for accomplishing the assigned task within the period specified.

(d) If the Contractor considers the estimated labor hours or specified work completion date to be unreasonable, he/she shall promptly notify the Ordering Officer and Contracting Officer in writing within 10 calendar days, stating why the estimated labor hours or specified completion date is considered unreasonable.

(e) Each delivery order will have a ceiling price, which the Contractor may 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) Paragraphs (c), (d), and (e) of this clause apply only when services are being ordered.

EPAAR 1552.232-70 Submission of invoices. (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) Unless otherwise specified in the contract, an invoice or request for contract financing payment shall be submitted as an original and four 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; one electronic copy 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 delivery 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 delivery order and for the contract total, as well as any supporting data for each delivery 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 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.

(3) The charges for subcontracts shall be further detailed in a supporting schedule showing the major cost elements for each subcontract. The degree of detail for any subcontract exceeding $5,000 is to be the same as that set forth under (c)(2).

(4) The charges for consultants shall be further detailed in the supporting schedule showing the major cost elements of each consultant. For current costs, each major cost element of the consulting agreement shall also include the supporting schedule identified in the invoice preparation instructions.

(d) 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.

(e)(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.

EPAAR 1552.232-73 Payments-fixed-rate services contract. (OCT 2000)

The Government shall pay the Contractor as follows upon the submission of invoices or vouchers approved by the Contracting Officer:

(a) Hourly rate. (1) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the Schedule by the number of direct labor hours performed. The rates shall include wages, indirect costs, general and administrative expenses, and profit. Fractional parts of an hour shall be payable on a prorated basis. Vouchers may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the paying office. The Contractor shall substantiate vouchers by evidence of actual payment and by individual daily job, timecards, or other substantiation approved by the Contracting Officer. Promptly after receipt of each substantiated voucher, the Government shall, except as otherwise provided in this contract and subject to the terms of paragraph (e) of this contract, pay the voucher as approved by the Contracting Officer.

(2) Unless otherwise prescribed in the Schedule, the Contracting Officer shall not withhold any percentage of the amounts due under paragraph (a) for this contract.

(3) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis. If no overtime rates are provided in the Schedule and overtime work is approved in advance by the Contracting Officer, overtime rates shall be negotiated. Failure to agree upon these overtime rates shall be treated as a dispute under the "Disputes" clause of this contract. If the Schedule provides rates for overtime the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(b) Materials, other direct costs, and subcontracts. (1) The allowability of direct materials and other direct costs shall be determined by the Contracting Officer in accordance with subpart 31.2 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract. Reasonable and allocable material handling costs or indirect costs may be included in the charge for material or other direct costs to the extent they are clearly excluded from the hourly rate. Material handling and/or indirect cost rates are specified in the "Indirect Costs" clause. Material handling costs are comprised of indirect costs, including, when appropriate, general and administrative expense allocated to direct materials in accordance with the Contractor's usual accounting practices consistent with subpart 31.2 of the FAR. The Contractor shall be reimbursed for items and services purchased directly for the contract only when cash, checks, or other forms of actual payment have been made for such purchased items or services. Direct materials or other direct costs, as used in this clause, are those items which enter directly into the end product, or which are used or consumed directly in connection with the furnishing of the end product.

(2) Subcontracted effort may be included in the fixed hourly rates discussed in paragraph (a)(l) of this clause and will be reimbursed as discussed in that paragraph. Otherwise, the cost of subcontracts that are authorized under the subcontracts clause of this contract shall be reimbursable costs under this clause provided that the costs are consistent with paragraph (b)(3) of this clause. Reimbursable costs in connection with subcontracts shall be payable to subcontractors consistent with FAR 32.504 in the same manner as for services purchased directly for the contract under paragraph (a)(1) of this clause.

Reimbursable costs shall not include any costs arising from the letting, administration, or supervision of performance of the subcontract, if the costs are included in the hourly rates payable under paragraph (a)(l) of this clause.

(3) To the extent able, the Contractor shall (i) obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(ii) take all cash and trade discounts, rebates, allowances, credits, salvage, commissions, and other benefits. When unable to take advantage of the benefits, the Contractor shall promptly notify the Contracting Officer and give the reasons. Credit shall be given to the Government for cash and trade discounts, rebates, allowances, credits, salvage, the value of any appreciable scrap, commissions, and other amounts that have accrued to the benefit of the Contractor, or would have accrued except for the fault or neglect of the Contractor. The benefits lost without fault or neglect on the part of the Contractor, or lost through fault of the Government, shall not be deducted from gross costs.

(4) If the nature of the work to be performed requires the Contractor to furnish material which is regularly sold to the general public in the normal course of business by the Contractor, the price to be paid for such material, notwithstanding paragraph (b)(1) of this contract, shall be on the basis of an established catalog or list price, in effect when the material is furnished, less all applicable discounts to the Government; provided, that in no event shall such price be in excess of the Contractor's sales price to its most favored customer for the same item in like quantity, or the current market price, whichever is lower.

(c) Contracting Officer notification. For contract administration purposes, the Contractor shall notify the Contracting Officer in writing when the total value of all delivery orders issued exceeds 85 percent of the maximum price specified in the schedule.

(d) Maximum amount. The Government shall not be obligated to pay the Contractor any amount in excess of the maximum amount in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the maximum amount set forth in the Schedule, unless or until the Contracting Officer shall have notified the Contractor in writing that the maximum amount has been increased and shall have specified in the notice a revised maximum that shall constitute the maximum amount for performance under this contract. When and to the extent that the maximum amount set forth in the Schedule has been increased, any hours expended, and material or other direct costs incurred by the Contractor in excess of the maximum amount before the increase, shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the maximum amount.

(e) Audit. At any time before final payment under this contract, the Contracting Officer may request audit of the invoices or vouchers and substantiating material. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices or vouchers, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. Upon receipt and approval of the voucher or invoice designated by the Contractor as the "completion voucher" or "completion invoice" and substantiating material, and upon compliance by the Contractor with all terms of this contract (including, without limitation, terms relating to patents and the terms of paragraphs (f) and (g) of this clause), the Government shall promptly pay any balance due the Contractor. The completion invoice or voucher, and substantiating material, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event, later than one year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.

(f) Assignment. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions:

(1) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible of exact statement by the Contractor.

(2) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.

(3) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.

(g) Refunds. The Contractor agrees that any refunds, rebates, or credits (including any related interest) accruing to or received by the Contractor or any assignee, that arise under the materials portion of this contract and for which the Contractor has received reimbursement, shall be paid by the Contractor to the Government. The Contractor and each assignee, under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, an assignment to the Government of such refunds, rebates, or credits (including any interest) in form and substance satisfactory to the Contracting Officer.

EPAAR 1552.242-70 Indirect costs. (APR 1984)

(a) In accordance with paragraph (d) of the "Allowable Cost and Payment" clause, the final indirect cost rates applicable to this contract shall be established between the Contractor and the appropriate Government representative (EPA, other Government agency, or auditor), as provided by FAR 42.703-1(a). EPA's procedures require a Contracting Officer determination of indirect cost rates for its contracts. In those cases where EPA is the cognizant agency (see FAR 42.705-1), the final rate proposal shall be submitted to the cognizant audit activity and to the following designated Contracting Officer: Environmental Protection Agency, Chief, Cost Policy and Rate Negotiation Branch (3804F), Cost Advisory and Financial Analysis Division, Washington, DC 20460.

Where EPA is not the cognizant agency, the final rate proposal shall be submitted to the above-cited address, to the cognizant audit agency, and to the designated Contracting Officer of the cognizant agency.

Upon establishment of the final indirect cost rates, the Contractor shall submit an executed Certificate of Current Cost or Pricing Data (see FAR 15.406-2) applicable to the data furnished in connection with the final rates to the cognizant audit agency. The final rates shall be contained in a written understanding between the Contractor and the appropriate Government representative. Pursuant to the "Allowable Cost and Payment" clause, the allowable indirect costs under this contract shall be obtained by applying the final agreed upon rate(s) to the appropriate bases.

(b) Until final annual indirect cost rates are established for any period, the Government shall reimburse the contractor at billing rates established by the appropriate Government representative in accordance with FAR 42.704, subject to adjustment when the final rates are established. The established billing rates are currently as follows:

Cost center Period Rate Base

These billing rates may be prospectively or retroactively revised by mutual agreement, at the request of either the Government or the Contractor, to prevent substantial overpayment or underpayment.

(c) Notwithstanding the provisions of paragraphs (a) and (b) of this clause, ceilings are hereby established on indirect costs reimbursable under this contract. The Government shall not be obligated to pay the Contractor any additional amount on account of indirect costs in excess of the ceiling rates listed below:

Cost center Period Rate Base

EP 52.245-140 Designation of property administrator

The property administrator for this contract is as follows:

WILL BE IDENTIFIED 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.

EP 52.242-310 Annual Allocation of Non-Site-Specific Costs

(a) The contractor shall submit an annual allocation report. The purpose of this report is to allocate all payments made by the EPA to the contractor for non-site-specific activities to the sites worked on by the contractor during the accounting year. Examples of non-site-specific activities include program management, contract fees (base, fixed, and award), and other tasks required of the contractor for non-site-specific work.

(b) The contractor shall refer to Attachment 6 of the contract, entitled "Instructions for Performing the Annual Allocation of Non-Site-Specific Costs" for instructions for completing the annual allocation report requirements. This Attachment also provides a detailed explanation of the allocation process and methodology.

(c) Submissions required of the contractor shall be sent to the following address:

Program Costing Staff Office of Financial Management U. S. Environmental Protection Agency 1200 Pennsylvania Avenue, NW Ronald Reagan Building, MC 2733R Washington, DC 20460

(d) Questions regarding any Annual Allocation requirements should be referred to the Program Costing Staff at (202) 564-3145.

EP 52.242-100 Contract Administration Representatives

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

TO BE IDENTIFIED AT TIME OF CONTRACT AWARD.

Contracting Officials responsible for administering this contract are as follows:

TO BE IDENTIFIED AT TIME OF CONTRACT AWARD.

Section H - Special Contract Requirements

EPAAR 1552.203-71 Display of EPA Office of Inspector General Hotline poster. (AUG 2000)

(a) For EPA contracts valued at $1,000,000 or more including all contract options, the contractor shall prominently display EPA Office of Inspector General Hotline posters in contractor facilities where the work is performed under the contract.

(b) Office of Inspector General hotline posters may be obtained from the EPA Office of Inspector General, ATTN: OIG Hotline (2443), 1200 Pennsylvania Avenue, NW, Washington, DC 20460, or by calling (202) 260-5113.

(c) The Contractor need not comply with paragraph (a) of this clause if it has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and provided instructions that encourage employees to make such reports.

EPAAR 1552.208-70 Printing. (DEC 2005)

(a) Definitions.

"Printing" is the process of composition, plate making, presswork, binding and microform; or the end items produced by such processes and equipment. Printing services include newsletter production and periodicals which are prohibited under EPA contracts.

"Composition" applies to the setting of type by hot-metal casting, photo typesetting, or electronic character generating devices for the purpose of producing camera copy, negatives, a plate or image to be used in the production of printing or microform.

"Camera copy" (or "camera-ready copy") is a final document suitable for printing/duplication.

"Desktop Publishing" is a method of composition using computers with the final output or generation of camera copy done by a color inkjet or color laser printer. This is not considered "printing." However, if the output from desktop publishing is being sent to a typesetting device ( i.e., Linotronic) with camera copy being produced in either paper or negative format, these services are considered "printing".

"Microform" is any product produced in a miniaturized image format, for mass or general distribution and as a substitute for conventionally printed material. Microform services are classified as printing services and include microfiche and microfilm. The contractor may make up to two sets of microform files for archival purposes at the end of the contract period of performance.

"Duplication" means the making of copies on photocopy machines employing electrostatic, thermal, or other processes without using an intermediary such as a negative or plate.

"Requirement" means an individual photocopying task. (There may be multiple requirements under a Work Assignment or Delivery Order. Each requirement would be subject to the photocopying limitation of 5,000 copies of one page or 25,000 copies of multiple pages in the aggregate per requirement).

"Incidental" means a draft and/or proofed document (not a final document) that is not prohibited from printing under EPA contracts.

(b) Prohibition. (1) The contractor shall not engage in, nor subcontract for, any printing in connection with the performance of work under this contract. Duplication of more than 5,000 copies of one page or more than 25,000 copies of multiple pages in the aggregate per requirement constitutes printing. The intent of the printing limitation is to eliminate duplication of final documents.

(2) In compliance with EPA Order 2200.4a, EPA Publication Review Procedure, the Office of Communications, Education, and Media Relations is responsible for the review of materials generated under a contract published or issued by the Agency under a contract intended for release to the public.

(c) Affirmative Requirements. (1) Unless otherwise directed by the contracting officer, the contractor shall use double-sided copying to produce any progress report, draft report or final report.

(2) Unless otherwise directed by the contracting officer, the contractor shall use recycled paper for reports delivered to the Agency which meet the minimum content standards for paper and paper products as set forth in EPA's Web site for the Comprehensive Procurement Guidelines at: http://www.epa.gov/cpg/.

(d) Permitted Contractor Activities. (1) The prohibitions contained in paragraph (b) do not preclude writing, editing, or preparing manuscript copy, or preparing related illustrative material to a final document (camera-ready copy) using desktop publishing.

(2) The contractor may perform a requirement involving the duplication of less than 5,000 copies of only one page, or less than 25,000 copies of multiple pages in the aggregate, using one color (black), such pages shall not exceed the maximum image size of 103/4by 141/4inches, or 11 by 17 paper stock. Duplication services below these thresholds are not considered printing. If performance of the contract will require duplication in excess of these thresholds, contractors must immediately notify the contracting officer in writing. The contracting officer must obtain a waiver from the U.S.

Congress Joint Committee on Printing if it is deemed appropriate to exceed the duplication thresholds. Duplication services of "incidentals" in excess of the thresholds, are allowable.

(3) The contractor may perform a requirement involving the multi-color duplication of no more than 100 pages in the aggregate using color copier technology, such pages shall not exceed the maximum image size of 103/4by 141/4inches, or 11 by 17 paper stock.

Duplication services below these thresholds are not considered printing. If performance of the contract will require duplication in excess of these limits, contractors must immediately notify the contracting officer in writing. The contracting officer must obtain a waiver from the U.S. Congress Joint Committee on Printing.

(4) The contractor may perform the duplication of no more than a total of 100 diskettes or CD-ROM's. Duplication services below these thresholds are not considered printing. If performance of the contract will require duplication in excess of these thresholds, contractors must immediately notify the contracting officer in writing. The contracting officer must obtain a waiver from the U.S. Congress Joint Committee on Printing.

(e) Violations. The contractor may not engage in, nor subcontract for, any printing in connection with the performance of work under the contract. The cost of any printing services in violation of this clause will be disallowed, or not accepted by the Government.

(f) Flowdown Provision. The contractor shall include in each subcontract which may involve a requirement for any printing/duplicating/copying a provision substantially the same as this clause.

EPAAR 1552.209-70 Organizational conflict of interest notification. (APR 1984)

(a) The prospective Contractor certifies, to the best of its knowledge and belief, that it is not aware of any information bearing on the existence of any potential organizational conflict of interest.