Presolicitation_draft.pdf

[Year]

Draft Request for Proposal (RFP)

Presolicitation Notice

SOL-R5-15-00007

[INFORMATION PRESENTED IN THIS DRAFT RFP IS SUBJECT TO CHANGE AND THAT INCURRING EXPENSES

OR BEGINNING TO FORMULATE AN APPROACH IN PREPARATION FOR THE ACQUISITION BASED ON

INFORMATION PRESENTED IN THE DRAFT RFP IS SOLELY AT THE POTENTIAL OFFEROR’S RISK.]

US EPA Region 5, Information Technology Support Services

FAR 52.212-4, Contract Terms and Conditions—Commercial Items. (May 2015) Addendum A-1 LOCAL CLAUSES EPA-B-16-104 FIXED RATES FOR SERVICES--INDEFINITE DELIVERY/INDEFINITE

QUANTITY CONTRACT (Deviation)

A-2 LOCAL CLAUSES EPA-B-32-102 FUNDING

A-3 LOCAL CLAUSES EPA-B-32-104 CONSIDERATION AND PAYMENT (Deviation)

B-1 LOCAL CLAUSES EPA-C-10-101 STATEMENT OF WORK/PERFORMANCE WORK

STATEMENT/SPECIFICATIONS (Deviation)

B-2 LOCAL CLAUSES EPA-C-10-102 INCORPORATION OF CONTRACTOR'S TECHNICAL PROPOSAL

B-3 LOCAL CLAUSES EPA-C-10-103 INCORPORATION OF CONTRACTOR'S QUALITY PLAN

C-1 LOCAL CLAUSES EPA-G-42-101 CONTRACT ADMINISTRATION REPRESENTATIVES

D-1 EPAAR 1552.211-75 WORKING FILES. (APR 1984)

D-2 EPAAR 1552.211-79 COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES

MANAGEMENT. (JAN 2012)

D-3 EPAAR 1552.227-76 PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT. (MAY 1994)

D-4 EPAAR 1552.237-71 TECHNICAL DIRECTION. (AUG 2009)

D-5 EPA 1552.203-71 DISPLAY OF EPA OFFICE OF INSPECTOR GENERAL HOTLINE POSTER. (AUG 2000) . 5

D-6 EPA 1552.208-70 PRINTING. (DEC 2005)

D-7 EPA 1552.217-77 OPTION TO EXTEND THE TERM OF THE CONTRACT FIXED PRICE. (OCT 2000)

D-8 EPA 1552.239-70 REHABILITATION ACT NOTICE. (OCT 2000)

D-9 EPAAR 1552.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST. (MAY 1994) - ALTERNATE I (MAY

1994)

D-10 EPAAR 1552.211-70 REPORTS OF WORK. (OCT 2000)

D-11 EPAAR 1552.211-72 MONTHLY PROGRESS REPORT. (SEP 2013)

D-12 EPAAR 1552.232-70 SUBMISSION OF INVOICES. Alternate I (JUN 1996). (DEVIATION) D-13 EPAAR 1552.235-79 RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION. (APR

1996)

D-14 EPAAR 1552.235-80 ACCESS TO CONFIDENTIAL BUSINESS INFORMATION. (OCT 2000)

D-15 EPAAR 1552.237-72 KEY PERSONNEL. (APR 1984)

D-16 EPAAR 1552.237-76 GOVERNMENT-CONTRACTOR RELATIONS. (JUN 1999)

D-17 LOCAL CLAUSES EPA-H-07-101 PUBLIC COMMUNICATION

D-18 LOCAL CLAUSES EPA-H-07-102 IDENTIFICATION OF ON-SITE CONTRACTOR EMPLOYEES

D-19 LOCAL CLAUSES EPA-H-07-103 NOTICE REGARDING PROHIBITED CONTRACTOR ACTIVITIES ON

ENVIRONMENTAL PROTECTION AGENCY (EPA CONTRACTS)

D-20 LOCAL CLAUSES EPA-H-09-107 UNPAID FEDERAL TAX LIABILITY & FELONY CRIMINAL

VIOLATION CERTIFICATION (APR 2012)

D-21 LOCAL CLAUSES EPA-H-15-101 RELEASE OF COST OR PRICING PROPOSALS OUTSIDE THE

GOVERNMENT FOR AUDIT

D-22 LOCAL CLAUSES EPA-H-23-101 ENVIRONMENTALLY PREFERABLE PRACTICES

D-23 LOCAL CLAUSES EPA-H-27-102 CONFIDENTIALITY OF INFORMATION

D-24 LOCAL CLAUSES EPA-H-28-103 SUBMISSION OF 3RD PARTY INSURANCE CERTIFICATES (Deviation)

D-25 LOCAL CLAUSES EPA-H-31-102 FINAL RECONCILIATION OF COSTS

D-26 LOCAL CLAUSES EPA-H-31-104 APPROVAL OF CONTRACTOR TRAVEL (Deviation) D-27 LOCAL CLAUSES EPA-H-31-105 APPROVAL OF TRAINING (Deviation)

D-28 LOCAL CLAUSES EPA-H-39-101 CONTRACTOR ACCESS TO EPA COMPUTERS

D-29 LOCAL CLAUSES EPA-H-42-102 UTILIZATION OF FEDCONNECT FOR CONTRACT

ADMINISTRATION

D-30 LOCAL CLAUSES EPA-H-42-103 TEMPORARY CLOSURE OF EPA FACILITIES

D-31 LOCAL CLAUSES EPA-H-44-101 TEAM SUBCONTRACTOR AGREEMENTS

D-32 LOCAL CLAUSES EPA-H-44-102 IDENTIFICATION OF SUBCONTRACTORS (Deviation) FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders. (OCT 2015) 12 Contract documents, exhibits or attachments FAR 52.212-1, “Instructions to Offerors—Commercial Items.” (Oct 2015)

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)

EPA 1552.233-70 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS. (JUL 1999)

EPAAR 1552.209-70 ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION. (APR 1984)

EPA 1552.215-75 PAST PERFORMANCE INFORMATION. (OCT 2000)

FAR 52.216-1 TYPE OF CONTRACT. (APR 1984)

EPA-L-19-101 IDENTIFICATION OF SET-ASIDE/8(A) PROGRAM APPLICABILITY

EPA-H-39-102NOTIFICATION OF PERSONNEL REQUIRING ACCESS TO EPA COMPUTERS

EPA-L-15-102 Technical Questions EPA-L-15-104 Electronic Submission of Proposals/Bids/Offers/Quotes

FAR 52.233-2 SERVICE OF PROTEST. (SEP 2006)

FAR 52.212-2 “Evaluation—Commercial Items.” (OCT 2014) FAR 52.212-3, Offeror Representations and Certifications—Commercial Items (OCT 2015)

LOCAL CLAUSES EPA-K-04-101 REPRESENTATION BY CORPORATIONS REGARDING A FELONY

CONVICTION UNDER FEDERAL LAW OR UNPAID FEDERAL TAX LIABILITY (APR 2012)

EPAAR 1552.209-72 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION. (APR 1984)

Continuation from Section A of Standard From 1449 Client Authorization Letter Past Performance Questionnaire

Clauses

FAR 52.212-4, Contract Terms and Conditions—Commercial Items. (May 2015)

Addendum

A-1 LOCAL CLAUSES EPA-B-16-104 FIXED RATES FOR SERVICES--INDEFINITE

DELIVERY/INDEFINITE QUANTITY CONTRACT (Deviation)

The following fixed rates for labor are inclusive of all indirect costs and profit, shall apply for the duration of the applicable contract year and is applicable for Time-and-Material Labor directly associated with incidental Other

Direct Costs approved by the Contracting Officer for costs exceeding the micro-purchase threshold or by the

Contracting Officer Representative for costs under the micro-purchase threshold:

***To Be Determined (TBD) at time of award and pulled from submitted pricing ***_________

FIXED LABOR RATE

1. The Task Rate shall include all costs to perform other tasks called for in the PWS. The fixed rates for the labor categories set forth in the schedule shall be inclusive of all expenses including contract level required reports, wages or salaries, labor costs, fringe benefits, overhead, program management, training, general and administrative expenses, and profit.

2. If a fixed rate has been established for a labor category set forth in the schedule for the contractor or subcontractor, but the contractor or subcontractor decides to provide that labor category through a third-party subcontractor, reimbursement for that labor category shall be reimbursed at cost (including any applicable indirect rates) but will not, in any event, exceed the rate set forth in this contract for that labor category for the contractor or subcontractor, depending upon which entity (contractor or subcontractor) acquires the labor.

3. When an individual employee's normally assigned category of labor is higher than the function he/she is performing during any period of work at a specific site, the rate charged for that employee shall be based on the function that the employee is performing (e.g., Senior Scientist who is performing the duties of a

Junior Technician shall be charged at the loaded fixed labor rate for a Junior Technician during the period of time he/she is performing these duties).

4. When an individual employee's normally assigned category of labor is at a rate lower than the function he/she is performing during any period of work, the rate charged for that employee shall be based on the actual rate paid to that employee. If the employee is not paid at the higher rate, the contractor shall only bill at the rate of the employee's normally assigned category of labor. The employee must meet the qualifications set forth in the contract for the labor category being performed.

5. EPA will not reimburse the contractor in excess of those hours actually worked or for hours already accounted for within normal business hours in the fixed price tasks.

TRAVEL: This primary mobilization point is Chicago, IL. In the performance of necessary travel, the Contractor shall use the least expensive means available to the extent consistent with the requirements of each action.

Allowable travel expenses shall be determined in accordance with Federal Acquisition Regulation (FAR) subpart

31.205-46, Travel Costs, and the Federal Travel Regulations (FTRs). Travel expenses are allowable for each employee required if the remote work site is in excess of fifty (50) miles one way from the individual's place of employment or residence, whichever is less. The "50 miles in 12 hours" is the current stipulation for travel costs and may be superseded by later editions of the FAR and/or FTRs. The "50 miles in 12 hours" shall not be exceeded without the approval of the CO. For any employee, routine daily commuting time to and from the work is not an allowable charge under the contract.

NOTE: The FTRs include a daily ceiling amount that is not to be exceeded. Within the total ""daily"" amount, there are two separate ceilings (one for per diem and one for lodging) that also cannot be exceeded and vary based upon full day, and first and last day of travel. Additionally, per diem rates vary from a full day to the first and last day of travel. Except as explicitly set forth below, the Contractor shall be reimbursed for reasonable and allocable travel costs actually incurred by and paid to the Contractor's employees.

A-2 LOCAL CLAUSES EPA-B-32-102 FUNDING

At time of contract award, total funding for this contract is not available for obligation. As funds become available, modifications will be issued to increase the funding amount until the total price of the contract is obligated.

A-3 LOCAL CLAUSES EPA-B-32-104 CONSIDERATION AND PAYMENT (Deviation)

(a) Payment shall be made monthly in arrears for services performed during the preceding month at the fixed-price rate of ***To Be Determined (TBD)*** per month.

(b) If, as a result of contract award, services commence on a date other than the first of the month, the amount due for the first month's services shall be determined by dividing the fixed-price monthly rate by 30 and multiplying that figure by the number of days remaining in the month.

(c) The fixed price per month set forth in paragraph (a) shall include all costs and any related profit for providing all services as specified in the Statement of Work including, but not necessarily limited to wages, labor overhead, general and administrative expenses, other direct costs related to performance, and profit.

B-1 LOCAL CLAUSES EPA-C-10-101 STATEMENT OF WORK/PERFORMANCE WORK

STATEMENT/SPECIFICATIONS (Deviation)

The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to perform the services included in Attachment #1 “Performance Work Statement”.

B-2 LOCAL CLAUSES EPA-C-10-102 INCORPORATION OF CONTRACTOR'S TECHNICAL

PROPOSAL

Section(s) ***TBD include Transition Plan, IT Security Plan, etc.*** of the Contractor's technical proposal entitled, [insert name] dated [insert date] is/are incorporated by reference and made a part of this contract. In the event of any inconsistency between the clauses of this contract and the Contractor's technical proposal, the contract clauses take precedence.

B-3 LOCAL CLAUSES EPA-C-10-103 INCORPORATION OF CONTRACTOR'S QUALITY PLAN

The Contractor shall adhere to the procedures set forth in its Quality Plan dated ***TBD***, which is incorporated by reference.

C-1 LOCAL CLAUSES EPA-G-42-101 CONTRACT ADMINISTRATION REPRESENTATIVES

D-1 EPAAR 1552.211-75 WORKING FILES. (APR 1984)

D-2 EPAAR 1552.211-79 COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES

MANAGEMENT. (JAN 2012)

D-3 EPAAR 1552.227-76 PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT. (MAY 1994)

D-4 EPAAR 1552.237-71 TECHNICAL DIRECTION. (AUG 2009)

D-5 EPA 1552.203-71 DISPLAY OF EPA OFFICE OF INSPECTOR GENERAL HOTLINE POSTER.

(AUG 2000)

D-6 EPA 1552.208-70 PRINTING. (DEC 2005)

D-7 EPA 1552.217-77 OPTION TO EXTEND THE TERM OF THE CONTRACT FIXED PRICE. (OCT

2000)

D-8 EPA 1552.239-70 REHABILITATION ACT NOTICE. (OCT 2000)

D-9 EPAAR 1552.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST. (MAY 1994) - ALTERNATE

I (MAY 1994)

D-10 EPAAR 1552.211-70 REPORTS OF WORK. (OCT 2000)

D-11 EPAAR 1552.211-72 MONTHLY PROGRESS REPORT. (SEP 2013)

D-12 EPAAR 1552.232-70 SUBMISSION OF INVOICES. Alternate I (JUN 1996). (DEVIATION)

D-13 EPAAR 1552.235-79 RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION.

(APR 1996)

D-14 EPAAR 1552.235-80 ACCESS TO CONFIDENTIAL BUSINESS INFORMATION. (OCT 2000)

D-15 EPAAR 1552.237-72 KEY PERSONNEL. (APR 1984)

On-Site Project Manager

D-16 EPAAR 1552.237-76 GOVERNMENT-CONTRACTOR RELATIONS. (JUN 1999)

D-17 LOCAL CLAUSES EPA-H-07-101 PUBLIC COMMUNICATION

The Contractor shall not represent itself as EPA to outside parties. To maintain public trust, and to not mislead the public, the Contractor shall, when communicating with outside parties, identify itself as an Agency Contractor.

When performing work for EPA, contractor personnel must be easily identifiable to the public as an EPA contractor through use of badges, corporate logos, or other distinguishable credentials.

D-18 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.

D-19 LOCAL CLAUSES EPA-H-07-103 NOTICE REGARDING PROHIBITED CONTRACTOR

ACTIVITIES ON ENVIRONMENTAL PROTECTION AGENCY (EPA CONTRACTS)

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

1. The actual preparation of Congressional testimony.

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

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

4. The actual determination of Agency policy.

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

Award Fee meetings.

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

7. The actual preparation of Award Fee Plans.

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

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

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

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

11. The actual preparation of responses to audit reports from the, General Accounting Office, or other auditing entities.

12. Preparing responses to Congressional correspondence.

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

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

15. Conducting administrative hearings.

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

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

D-20 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.

D-21 LOCAL CLAUSES EPA-H-15-101 RELEASE OF COST OR PRICING PROPOSALS OUTSIDE THE

GOVERNMENT FOR AUDIT

Cost or pricing proposals submitted in response to this solicitation may be released outside the Government for audit purposes regardless of whether information contained in such proposals has been claimed or determined to be business confidential. If an outside audit is obtained, the non-Government auditor shall use the information only for audit purposes; shall not disclose any information in the proposals to anyone other than authorized EPA employees without the prior written approval of the Assistant General Counsel responsible for information law matters; and shall return all copies of proposals, as well as any abstracts, to the Government upon completion of the audit. The non-Government auditor shall obtain a written agreement from each of its employees with access to the proposals to honor these limitations prior to allowing the employee access.

D-22 LOCAL CLAUSES EPA-H-23-101 ENVIRONMENTALLY PREFERABLE PRACTICES

The contractor shall, to the greatest extent practicable, utilize environmentally preferable practices in its course of business. "Environmentally preferable" is defined as products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.

This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service. Consideration of environmentally preferable practices must be consistent with price, performance, availability, and safety conditions.

D-23 LOCAL CLAUSES EPA-H-27-102 CONFIDENTIALITY OF INFORMATION

Any data that is generated or obtained during contract performance shall be considered confidential, and shall not be disclosed to anyone other than Environmental Protection Agency employees without the prior written approval of the Contracting Officer. Nor shall any such data be used for any other purpose except in connection with this contract. Any data generated or obtained during contract performance shall be delivered to the Government at the request of the Contracting Officer.

D-24 LOCAL CLAUSES EPA-H-28-103 SUBMISSION OF 3RD PARTY INSURANCE CERTIFICATES

(Deviation) Within five (5) days of contract award, offerors shall submit copies of their insurance certificates for the coverages identified in the Base Contract" clause entitled, "INSURANCE - LIABILITY TO THIRD PERSONS (FAR 52.228-

7)(MAR 1996)". Certificates will be evaluated on an acceptable or not acceptable basis by the Contracting Officer.

D-25 LOCAL CLAUSES EPA-H-31-102 FINAL RECONCILIATION OF COSTS

Upon completion of the last contract period and resolution of the final annual incurred cost submission, or upon

Contracting Officer request, the Contractor will be required to:

(a) Submit to the EPA Contracting Officer a Final Cumulative Claim and Reconciliation, by task order if requested by contracting officer. This submission will be compared to the results of the resolved annual incurred cost submissions and a "Final Invoice" will be submitted with payment due to or by the Contractor in accordance with paragraph (f) of the Section G Clause "PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR

CONTRACTS" (FAR 52.232-7) or paragraph (i)(5) of commercial clause "CONTRACT TERMS AND

CONDITIONS-COMMERCIAL ITEMS" (FAR 52.212-4 Alternate 1), as appropriate.

(b) Execute a "release statement" and a "refund statement" in accordance with paragraphs (g) and (b)(6) of

"PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS" (FAR 52.232-7) or paragraph (i)(7) and (i)(1)(ii)(C) of "CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS" (FAR

52.212-4 Alternate 1), which will be incorporated into the contract closeout modification as appropriate.

D-26 LOCAL CLAUSES EPA-H-31-104 APPROVAL OF CONTRACTOR TRAVEL (Deviation)

(a) For purposes of this clause, the term "travel" does not include local transportation. "Local Transportation" is defined as travel within 50 miles from the contractor personnel's assigned work location for performance of the contract that does not involve an overnight stay.

(b) Any contractor travel which may be directly charged to the contract must be authorized in advance by the

Contract-Level COR. (See paragraph (f) below).

(c) Travel shall be authorized under this contract only when the travel is required to provide a direct service or specific product to the Government that is identified in the contract's Performance Work Statement. The contractor shall identify the need for travel and shall clearly identify in an accompanying narrative the relationship of the travel to the direct service required by the Government. Unless/until the Contract-Level COR specifically approves the proposed travel, the contractor shall not perform travel. Travel and associated costs for such travel (lodging, per diem, and incidental expenses) shall be allowable only in accordance with the limitations of FAR 31.205-43 and

FAR 31.205-46.

(d) Travel expenses for Federal employees shall not be an allowable cost under this contract. Travel approval shall not be rendered for any personnel except for employees of the contractor or an authorized subcontractor, who are performing a bona fide function to accomplish the Performance Work Statement.

(e) To obtain the approval for travel, the contractor shall submit a separate written request to the Contract-Level

COR for each instance of travel for the contractor (including subcontractors) that is contemplated as a direct charge under the contract. The request shall include (at a minimum) the following information:

(1) Individual(s) traveling. Identify position and affiliation as a contractor/subcontractor.

(2) Description of circumstances necessitating the travel. Identify the work that will benefit from the travel and detail the correlation of the travel to the requirements of the Performance Work Statement.

(3) Identify the estimated cost and include a cost breakdown. Explain why this is the most cost effective means to fulfill the contract requirements.

(f) Approval of work that include travel as another direct cost element shall not be construed to mean the travel is approved; i.e., separate approval shall be obtained from the Contract-Level COR.

(g) While on travel, Contractor personnel shall clearly identify corporate affiliation at the start of any meeting.

While attending EPA-sponsored meetings, conferences, symposia, etc. or while on a Government site, Contractor personnel shall wear a badge which identifies the individual as a contractor employee. Contractor personnel are strictly prohibited from acting as an official representative of the Agency at meetings, conferences, symposia, etc.

D-27 LOCAL CLAUSES EPA-H-31-105 APPROVAL OF TRAINING (Deviation)

(a) The contractor shall provide and maintain a qualified staff of personnel to meet the requirements of the

Performance Work Statement. The contractor shall provide training to keep its personnel abreast of changes to the technology associated with the requirements of the contract. In addition, the contractor shall ensure that its personnel receive appropriate safety, health and environmental training in accordance with Federal, state and local requirements prior to assigning any task that require such training. The contractor shall provide documentation of such training upon the request of the Contract-Level COR and/or Contracting Officer.

The Government will not directly reimburse the cost for contractor employees to meet or maintain minimal contract requirements or to obtain and sustain an appropriate level of professionalism. Any direct charges for training will only be considered for reimbursement under this contract by compliance with the procedures set forth in paragraph

(b) below.

(b) There may be occasions when it is determined to be in the best interest of the Government to reimburse the contractor for the direct cost of training associated with a requirement that represents a unique Government need unrecognized at the time of contract award. When such circumstances occur, the contractor shall secure the

Contracting Officer's prior written approval by submitting a written request through the Contract-Level COR that includes, at a minimum the following information:

(1) Individual to be trained [Identify position and job duties]

(2) (2) Description of circumstances necessitating the training. [identify EPA specific training]

(3) Estimated cost, if applicable.

(c) The Contracting Officer will provide the contractor with written approval or disapproval of the request.

Approval of the training as an other direct cost element shall not be construed to mean the training is approved; i.e., the contractor shall obtain written approval pursuant to the terms of this clause. Training billed as a direct cost shall be disallowed by the Contracting Officer unless approved pursuant to the terms of this clause.

D-28 LOCAL CLAUSES EPA-H-39-101 CONTRACTOR ACCESS TO EPA COMPUTERS

The personnel listed below have been authorized access to EPA computers in the performance of this contract. In the event of changes to this listing through a reassignment, resignation, termination, completion of a task or any other reason making such access unnecessary, the Contractor shall immediately notify the Contracting Officer.

***TBD***[identified in proposal per instructions]***TBD***

D-29 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.

D-30 LOCAL CLAUSES EPA-H-42-103 TEMPORARY CLOSURE OF EPA FACILITIES

(a)(1) The Environmental Protection Agency observes the following days as federal holidays. The term 'Federal holidays' as used in this clause shall mean only the following enumerated days and any other days hereafter declared

National holidays by the President of the United States. Holidays falling on a Sunday will be observed on the following Monday. Holidays falling on a Saturday will be observed on the preceding Friday.

January 1 - New Year's Day

January - Monday - Martin Luther King Day

February - Third Monday - Washington's Birthday

May - Last Monday - Memorial Day

July 4 - Independence Day

September - First Monday - Labor Day

October - Second Monday - Columbus Day

November 11 - Veterans Day

November - Fourth Thursday - Thanksgiving Day

December 25 - Christmas Day

(2) Holiday observances of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the Contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in the contract.

(b)(1) EPA may close an EPA facility for all or a portion of a business day as a result of:

(i) Granting administrative leave to non-essential EPA employees (e.g., unanticipated holiday);

(ii) Inclement weather;

(iii) Failure of Congress to appropriate operational funds;

(iv) Any other day designated by Federal law, Executive Order or Presidential Proclamation; or

(v) Other reason as determined by the EPA (e.g., designated furlough day for federal workers).

(2) In such cases, Contractor personnel not determined by the Contracting Officer to be excepted (e.g., not performing mission-critical round-the-clock services/tasks) who are not already on duty at the facility shall not report to the facility. Such Contractor personnel already present shall be dismissed and shall leave the facility.

(3) The Contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of mission-critical services/tasks already in operation or scheduled for performance during the period in which EPA employees are dismissed, and shall be guided by any specific instructions of the

Contracting Officer or his/her duly authorized representative. In formulating instructions the Contracting

Officer or authorized representative may consider recommendations from regional/local EPA facilities management/operations staff.

(c) When Contractor personnel services are not required or provided due to closure of an EPA facility as described in paragraph (b), the contract price will be adjusted as follows:

(1) For fixed-price contracts, deductions in the Contractor's price will be computed as appropriate for the particular firm fixed price contract in question, e.g.,

(i) The deduction rate in dollars per day will be equal to the per-month contract price divided by

21 days per month. (In this example, the 21-days-per-month figure was calculated as follows:

365 calendar days/year - 10 Federal holidays - 104 Saturdays/Sundays = 251 days/12 months

= 20.92 days/month, rounded up to 21 days/month)

(ii) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided. If services are provided for portions of days, appropriate adjustment will be made by the Contracting Officer to ensure that the Contractor is compensated for services provided.

(2) For cost-reimbursement, time-and-materials and labor-hour type contracts, EPA shall not reimburse, as direct costs, salaries or wages of Contractor personnel for the period during which such personnel are dismissed from, or do not have access to, the facility.

(d) The Contractor shall place identical requirements, including this paragraph, in all subcontracts that require performance of work on-site unless otherwise instructed by the Contracting Officer.

D-31 LOCAL CLAUSES EPA-H-44-101 TEAM SUBCONTRACTOR AGREEMENTS

The contractor shall provide, within five (5) calendar days of award notice, one copy of each proposed team subcontract agreement, when applicable, to the Contracting Officer. A copy of the executed team subcontract and any subsequent modifications shall also be provided to the Contracting Officer within 10 days of execution.

D-32 LOCAL CLAUSES EPA-H-44-102 IDENTIFICATION OF SUBCONTRACTORS (Deviation)

(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***[identified in proposal]***TBD*** [ Est. Amount of Total Potential Subcontract]

(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."

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes and Executive Orders. (OCT 2015)

Contract documents, exhibits or attachments

List of Attachments

Attachment 1: Performance Work Statement (October 15, 2015), 66 pages

Attachment 2: Invoice Instructions, 7 pages (not provided at this time)

Attachment 3: EPA Order 1900.1A Change 2, Interacting with Contractors (December 13, 2011), 10 pages (not provided at this time)

Attachment 3: Client Authorization Letter (see end of draft solicitation for copy)

Attachment 4: Past Performance Questionnaire (see end of draft solicitation for copy)

Provisions

FAR 52.212-1, “Instructions to Offerors—Commercial Items.” (Oct 2015)

ADDITIONAL INSTRUCTIONS:

Formatting instructions:

Using FedConnect.net, submit electronic documents in two files, one (1) technical document and one (1) business document.

Submittals shall be in standard common commercial software document formats such as Adobe, Microsoft Office, or compatible software. Pdf files shall be searchable. Files shall not be compressed. Electronic files are subject to file size limitations; therefore, ***page limitations will apply and will be determined in the solicitation***. Each proposal document shall include the Contractor's responses to the criteria/factors listed in this solicitation and organized in the same order.

FedConnect is a web communications portal that is fully compliant with Federal Electronic and Information Technology

Accessibility Standards Section 1194.22/Web-Based Intranet and Internet Information and Applications, and should be usable with assistive technologies. Should users experience 508 compliance problems they should consult the FedConnect help desk at 1-800-899-6665 or support@fedconnect.net for resolution.

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=e469985d2b8e2f98336ce9d6afdc3d09&c=ecfr&tpl=/ecfrbrowse/Title48/48tab_02.tpl

EPA 1552.233-70 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS. (JUL 1999)

EPAAR 1552.209-70 ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION. (APR 1984)

EPA 1552.215-75 PAST PERFORMANCE INFORMATION. (OCT 2000)

FAR 52.216-1 TYPE OF CONTRACT. (APR 1984)

Firm-Fixed-Price

EPA-L-19-101 IDENTIFICATION OF SET-ASIDE/8(A) PROGRAM APPLICABILITY

This procurement is being processed as follows:

(a) Type of set-aside: 8(a)

Percent of the set-aside: Total

(b) 8(a) Program: 8(a) program

EPA-H-39-102NOTIFICATION OF PERSONNEL REQUIRING ACCESS TO EPA COMPUTERS

As a part of its proposal, the offeror shall include a listing of those personnel who will require access to EPA computers in the performance of the anticipated contract. See the "Access to EPA Computers" clause for additional information regarding computer access.

EPA-L-15-102 Technical Questions

Offerors must submit all technical questions concerning this solicitation electronically through FedConnect. In order to submit questions, offerors must register in FedConnect at www.fedconnect.net, see main page for registration instructions. 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. Only those technical questions posted through

FedConnect will be accepted. EPA must receive technical questions no later than 20 calendar days after the issuance date of this solicitation. EPA will utilize FedConnect to issue amendments to the solicitation (e.g., to answer technical questions which may affect proposal submittal). EPA will not reference the source of the questions.

EPA-L-15-104 Electronic Submission of Proposals/Bids/Offers/Quotes http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=e469985d2b8e2f98336ce9d6afdc3d09&c=ecfr&tpl=/ecfrbrowse/Title48/48tab_02.tpl http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid=e469985d2b8e2f98336ce9d6afdc3d09&c=ecfr&tpl=/ecfrbrowse/Title48/48tab_02.tpl

(a) Electronic submission of proposals, bids, offers or quotes is required and shall only be accepted through the

FedConnect web portal. FedConnect can be accessed at https://www.fedconnect.net/Fedconnect/. All responses to questions will be released on 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. There is no charge for registration in or use of FedConnect.

(b) All vendors must be registered in the System for Award Management (SAM), as this facilitates vendor credentials validation for FedConnect. Registration may be completed and information regarding the registration process may be obtained at http://www.sam.gov. There is no charge for registration in SAM.

FAR 52.233-2 SERVICE OF PROTEST. (SEP 2006)

Contracting Officer, Darlene McGary

Hand-Carried Address:

U.S. Environmental Protection Agency - Region 5

Acquisition Section - 10TH Floor

77 West Jackson Blvd.

Chicago, IL 60604-3590

Mailing Address:

U.S. Environmental Protection Agency - Region 5

Acquisition Section (MCC-10J)

77 West Jackson Blvd.

Chicago, IL 60604-3590

FAR 52.212-2 “Evaluation—Commercial Items.” (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers (in descending order of importance):

1 Price

2 Technical Excellence

3 Management Capability

4 Past Performance

(1) All other than price evaluation factors, when combined, are significantly less important than price. Award will be based upon best value utilizing trade-offs by measuring each factor based upon strengths, significant weaknesses, deficiency and risks.

(2) The following definitions apply:

“Strength” means any aspect of an offeror's proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance

“Weakness” means a flaw in a proposal that increases the risk of unsuccessful contract performance.

“Significant Weakness” means any aspect of the proposal that increases the risk of unsuccessful contract performance.

“Deficiency” is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

“Risk” is the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which an offeror’s proposed approach to achieving the technical factor or subfactor may involve risk of disruption of schedule, increased cost or degradation of performance, the need for increased Government oversight, and the likelihood of unsuccessful contract performance.

(3) Factors

(A) Factor 1: Technical Excellence Factor will be evaluated on the Capability and Key Personnel criteria as described below.

i. Capability (Approach): The technical offer shall describe a staffing plan to approach the execution of the work. The staffing plan shall demonstrate the distribution of labor and labor categories among all tasks, including demonstration of any cross-functional roles. The approach shall demonstrate relevant knowledge and concise comprehension to support all infrastructure and customer applications with no degradation of service. Paraphrasing or repeating the performance of work does not demonstrate execution of work, relevant knowledge, or concise comprehension of the tasks. Relevant knowledge and concise comprehension maybe demonstrated through identification of anticipated problems in completing tasks; an effective management plan identifying individual subtasks; and effort projections by labor category and subtasks.

ii. Key Personnel Management Experience: The on-site manager qualifications shall include a minimum of 5 year’s experience in supervising IT support staff projects of more than 10 people.

IT service certifications, knowledge, or experience in best management practices such as

Information Technology Infrastructure Library (ITIL) practices for IT service management

(ITSM) or equivalent is preferred.

(B) Factor 2: Management Capability Factor will be evaluated on Organizational Structure/Experience, and Transition, Quality, Security, and Environmental plans criteria as described below.

i. Organizational Structure: An organizational chart shall be provided and detail duties, functions, and responsibilities of the positions and the lines of communications. Indicate the total number of personnel in each department/division for the main office and for performance of work to substantiate the resources (e.g. number of permanent employees and their skill, certifications, specialized experience) necessary for successful performance and for past performance evaluation purposes. Identify personnel who will require access to EPA computers and HSPD-12 clearances

(Appendix E of the performance of the work).

Besides the contractual relationship with the Small Business Administration (SBA), if two or more concerns have interests for the performance of the proposed contract, then the relationship shall be described and delineate their purpose. In accordance with FAR 19.805-2 (b), the SBA will determine the eligibility of the firms for award of the contract based upon the Section 8(a)

Program criteria.

ii. Organizational Experience: Prime Contractor/Key Subcontractor Corporate Resumes. The purpose of the corporate resume(s) is to provide information core capabilities, general expertise, and mission/purpose. If applicable, offerors shall discuss the total number and amounts of any cure notices, contract deductions, penalties, the number, circumstances, and the amounts of claims, lawsuits, requests for equitable adjustments that the company filed against customers and suppliers/subcontractors and the outcome of those claims, lawsuits.

iii. Transition Plan. Offerors must provide information concerning their approach for hiring, start-up/phase-in, maintaining qualified personnel to comply with solicitation requirements and phase out. The offeror must present risk mitigation strategies.

iv. Security Plan: Information Technology Security and Privacy Plan (ITSPP): This plan shall include the offerors policy and procedures in ITSPP addressing the purpose, scope, roles, responsibilities, management commitment, coordination among organizational entities, identification, classification and risk mitigation plan, and compliance with applicable federal laws, Executive Orders, directives, regulations, policies, standards, and guidance.

1. Reference applicable Federal laws, such as 40 U.S.C. 11331, the Federal Information

Security Management Act (FISMA) of 2002, the Department of Commerce National

Institute of Standards and Technology (NIST) Special Publication (SP) 800-53 revision 4

(April 2013), NIST SP 800-37 rev. 1 (February 2010, updated June 2014) and the

Security requirements identified in the Performance Work Statement.

2. The government considers the requirement for applicable clearance(s) & safeguarding a definitive responsibility matter, i.e., Within one (1) working day after award, Offerors shall submit proof of these credentials as all contractor employees must have the required clearances before contractor performance begins. Failure to submit that information within one (1) working day will be deemed a material nonconformity and result in non-selection/offer rejection.

v. Environmental Management System Plan: As part of the EPAs mission to protect human health and to safeguard the natural environment –air, water, and land-upon which life depends, the agency will evaluate offers for sustainability practices. Offeror’s are encouraged to analyze their organization for capabilities to reduce, reuse, and/or recycle resource inputs, actions, and emissions and share any green initiatives their organization has taken.

vi. Quality Plan: Define the offeror's structured, documented quality system describing policies, objectives, principles, authorities, responsibilities, accountabilities, and implementation plan to meet and maintain a high level of quality, timeliness, and responsiveness to customer satisfaction.

The Quality Plan, to be submitted for the Government’s assessment, shall address the following:

1. A statement of policy(ies) concerning the organization's commitment to implement a quality system which will assure adequate quality which meets or exceeds the required performance standards of the Statement of Work.

2. A delineation of the authority, roles and responsibilities of the designated management representatives who are responsible for overseeing the implementation of the organization’s quality system. These positions shall be further identified on the organization’s organization chart.

3. The background and minimum experience of the proposed internal staffing relevant to accomplish the Performance Standards in the Performance Work Statement (PWS).

4. The offeror’s approach for compliance with all U.S. EPA Information Management/

Information Technology policies, procedures, standards and guidance as defined at http://www2.epa.gov/irmpoli8/current-information-directives.

5. The offeror’s planning processes which shall be used to develop its plan for accomplishing complex work assignments under the Performance Work Statement.

6. The offeror’s on-going processes which assess that they have met or not met the required

Performance Standard(s). Include a description of the offeror’s corrective action plan development process associated with Performance Standards which were not met.

7. The offeror’s process, roles and responsibilities for identifying, planning, implementing and evaluating the effectiveness of quality improvement activities including the offeror’s process to ensure continuous quality improvement.

8. Additionally, within 45 days of award, the offeror shall submit a further detailed approach for meeting each of the Performance Standards or each Task/Service as specified in PWS to the Contracting Officer Representative for acceptance. This shall identify the offeror’s written standard operating procedures/processes that will be used to meet and maintain a high level of quality, quantity, timeliness, and responsive to customer satisfaction.

Attach or provide internet links to all relevant written procedures/processes.

(C) Factor 3 Past Performance: will be evaluated based in accordance with EPA 1552.215-75 PAST

PERFORMANCE INFORMATION. (OCT 2000).

(D) Factor 4 Price will be based upon price and other price related criteria. The Government will evaluate price reasonableness in accordance with subpart FAR 15.4.

i. The pricing proposal shall breakdown the fixed monthly price for each of the following tasks described in the Performance Work Statement for the base year and each option year.

1. Task 1: Voice and Data Telecommunications

2. Task 2: Network Services

3. Task 3: Help Desk/Hotline and Desktop/Computer Support

4. Task 4: Database Administration

5. Task 5: Desktop/Computer and Network Security

6. Task 6: Great Lakes National Program

ii. Pricing proposal shall include a fixed transition price to phase into services, priced as one lump sum.

iii. Other Price related supporting documentation:

1. The pricing proposal shall include fixed labor rates and labor categories for Other Direct

Costs incidental for travel related to satellite offices and reasonable accommodation locations and time outside normal working hours for third party scheduled or unscheduled outages/upgrades with a commercial carrier, EPA, or GSA. This Task

Order line time will not exceed $50,000 and be less than 3% of the total costs of work.

Refer to Time-and-Material Fixed-Rate Labor prices. FAR 16.601 (b)(1) direct labor hours at specified fixed hourly rates that include wages, overhead, general and administrative expenses, and profit. Travel: For costs approved in accordance with

Federal Acquisition Regulations, Federal Travel Regulations, the base contract, task order, and Performance Work Statement. No Mark-up permitted. This information will be incorporated into a contract, if offeror receives an award.

2. The pricing proposal shall include a Professional Compensation Plan. The basic contract requirements are for labor categories for professional employees. Offeror’s shall submit a total compensation plan setting forth their salary ranges and fringe benefits proposed to ensure the compensation package is comparable to industry standards.