Sol_SOL-R5-15-00007.pdf

Subject. Solicitation

Solicitation Number. SOL-R5-15-00007

Total Small Business Set-aside Status Limited to eligible 8(a) Business Development Participants. All responsible 8(a) sources may submit a proposal which shall be considered by the agency.

The United States Environmental Protection Agency (U.S. EPA) has a requirement for Information Technology Support Services (ITSS). The U.S EPA, Region 5`s main office is located in Chicago, IL and is the primary location for performance. Additional IT support services will be required at alternate and satellite locations listed in the Performance Work Statement. The Region 5's territories of responsibilities include Minnesota, Wisconsin, Illinois, Indiana, Michigan, and Ohio. Currently, the Region 5 IT contract supports approximately 1400 users.

The support services include six (6) major tasks; 1) Voice/Data Telecommunications Support, 2) Network Infrastructure Support (Windows Servers, and Storage Area Network Systems Administration, Wireless Local Area Network, Laboratory Information Management Systems), 3) Help Desk Support, 4) Database Administration Support, 5) Computer Network and System Security Support, and 6) External Networks Technical Support.

It is anticipated a firm-fixed price, performance based contract will be awarded to ONE vendor for a one-year base period contract with two (2), one (1)-year options, for a maximum total contract period of performance of three (3) years. The acquisition will use Federal Acquisition Regulation (FAR) Part 12 Acquisition of Commercial Items, in conjunction with the policies and procedures for solicitation, evaluation and award prescribed in FAR Part 15, Contracting by Negotiation procedures. The anticipated award date is March 18, 2016.

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 14 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.

Contact Point: Contracting Specialist, Sara King, King.Sara@epa.gov, (312)-886-6565 mailto:King.Sara@epa.gov

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

R5

Chicago IL 60604-3507 77 West Jackson Boulevard US Environmental Protection Agency Region 5

CODE 16. ADMINISTERED BYCODE

X

X

541513

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR5

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

02/07/2016 1630 CS

01/08/2016

312-886-6565Sara King (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

SOL-R5-15-00007

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 41 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Chicago IL 60604-3507 77 West Jackson Boulevard US Environmental Protection Agency

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$27.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Region 5

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

X

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This is a solicitation for Region 5 Information Technology Support Services: Voice/Data Telecommunication Support, Network Infrastructure Support, Help Desk and End User Support, Database Administration Support, Computer/Network System Security Support, and External Network Support for the Great Lakes National Program Office (GLNPO). Requests for proposals are being requested at this time.

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Darlene McGary 01/08/2016

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 Transition Phase In Period 1 LS

Period of Performance: 03/18/2016 to 04/30/2016

0002A Base Period, IT/Telecomm Facility Operation and 12 MO

Maintenance for Performance Work Statement Tasks.

0002B Base Period Incidental Time-and-Material (Labor and Travel)

Not-to-exceed Ceiling of $50,000

See Schedule for fixed labor rates.

0003A Option Period I, IT/Telecomm Facility Operation 12 MO and Maintenance for Performance Work Statement

Tasks.

(Option Line Item)

01/31/2017

Period of Performance: 05/01/2017 to 04/30/2018

0003B Option Period I, Incidental Time-and-Material

(Labor and Travel)

Not-to-exceed Ceiling of $50,000

See Schedule for fixed labor rates.

(Option Line Item)

01/31/2017

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

41 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 41

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

SOL-R5-15-00007

Period of Performance: 05/01/2017 to 04/30/2018

0004A Option Period II, IT/Telecomm Facility Operation 12 MO and Maintenance for Performance Work Statement

Tasks.

(Option Line Item)

01/31/2018

Period of Performance: 05/01/2018 to 04/30/2019

0004B Option Period II, Incidental Time-and-Material

(Labor and Travel)

Not-to-exceed Ceiling of $50,000

See Schedule for fixed labor rates.

(Option Line Item)

01/31/2018

Period of Performance: 05/01/2018 to 04/30/2019

0005 Transition Phase Out 1 LS

(Option Line Item)

Period of Performance: 03/18/2019 to 04/30/2019

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Part (b) Continuation from Section A of Part (a) Standard Form 1449

Item Service Support Quantity/Unit Unit Price Total Price

0001 Transition Phase-In Price Six (6) Weeks Lump Sum (LS)

0002 BASE Period (May 1, 2016 - April 30, 2017)

Item Service Support Quantity/Unit Unit Price Total Price

0002A1 Task 1 Voice/Data Telecommunication 12 Months (MO)

0002A2 Task 2 Network Infrastructure 12 MO

0002A3 Task 3 Help Desk/End User 12 MO

0002A4 Task 4 Database Administration 12 MO

0002A5 Task 5 Computer/Network Security 12 MO

0002A6 Task 6 External GLNPO Network 12 MO

0002A Total Tasks 1 - 6 12 MO

Incidental Time-and-Material Base Period

Item Category

0002B Labor and Travel Not-to-Exceed Ceiling $50,000.00

Total Maximum Price for Base Period

The following two (2) option periods will only become effective if the option period is exercised:

0003 Option Period One (May 1, 2017 - April 30, 2018)

Item Service Support Quantity/Unit Unit Price Total Price

0003A1 Task 1 Voice/Data Telecommunication 12 MO

0003A2 Task 2 Network Infrastructure 12 MO

0003A3 Task 3 Help Desk/End User 12 MO

0003A4 Task 4 Database Administration 12 MO

0003A5 Task 5 Computer/Network Security 12 MO

0003A6 Task 6 External GLNPO Network 12 MO

0003A Total Tasks 1 - 6 12 MO

Incidental Time-and-Material

Item Category

0003B Labor and Travel Not-to-Exceed Ceiling $50,000.00

Total Maximum Price for Option Period One

0004 Option Period Two (May 1, 2018 - April 30, 2019)

Item Service Support Quantity/Unit Unit Price Total Price

0004A1 Task 1 Voice/Data Telecommunication 12 MO

0004A2 Task 2 Network Infrastructure 12 MO

0004A3 Task 3 Help Desk/End User 12 MO

0004A4 Task 4 Database Administration 12 MO

0004A5 Task 5 Computer/Network Security 12 MO

0004A6 Task 6 External GLNPO Network 12 MO

0004A Total Tasks 1 - 6 12 MO

Incidental Time-and-Material

Item Category

0004B Labor and Travel Not-to-Exceed Ceiling $50,000.00

Total Maximum Price for Option Period Two

0005 Transition Phase-Out Six (6) Weeks Lump Sum (LS)

Total Maximum Price (Phase-In, Base Period, Option Periods 1 and 2, and Phase-Out)

FIXED HOURLY RATES SCHEDULE FOR SERVICES

For Incidental Time-and-Material Contract Line Item(s): The following fixed rates are for labor and are inclusive of all expenses including wages or salaries, labor costs, fringe benefits, overhead, program management, general and administrative expenses, and profit:

*** To Be Determined (TBD) at time of award, Insert fixed labor rates and labor categories from price proposal for base period and all option periods***

Part (b) Continuation from Section A of Part (a) Standard Form 1449 Part (c) Solicitation/Contract Clauses

C-1, FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (MAY 2015)

C-2, FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (MAY 2015) - ALTERNATE

I (MAY 2014)

Addendum to FAR 52.212-4 C-3, FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS - COMMERCIAL ITEMS. (JAN 2016)

Part (d) - List of Documents, Exhibits and Other Attachments

D-1 List of Documents, Exhibits, and Other Attachments Part (e) – Solicitation Provisions

E-1 Instructions Addendum to FAR 52.212-1 E-2 Evaluations E-3 Representations, Certifications, and Other Statements

Part (c) Solicitation/Contract Clauses

C-1, FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (MAY 2015)

C-2, FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (MAY 2015) - ALTERNATE I

(MAY 2014)

[Note: this clause applies only to the Incidental Time-and-Material services to be provided under CLINS 0002B, 0003B, and 0004B]

Substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause 52.212-4.

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the

Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the

Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the

Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the

Contractor to remedy by correction or replacement, without cost to the Government, any failure by the

Contractor to comply with the requirements of this contract, if the failure is due to—

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor's employees selected or retained by the

Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause—

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) Materials means—

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate:

None; and

(E) Indirect costs specifically provided for in this clause.

(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the

Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) 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.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the

Disputes clause of this contract.

(3) 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.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the—

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor—

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall—

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: Travel

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The

Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: $0

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price.

If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the

Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price 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 ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment—

(A) The original timecards (paper-based or electronic);

(B) The Contractor's timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost—

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, 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.

The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise.

The Government within 30 days will pay any such increases, unless the parties agree otherwise. The

Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(viii) Upon receipt and approval of the invoice designated by the Contractor as the “completion invoice” and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the

Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.

(7) Release of claims. 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.

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

(ii) 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.

(iii) 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.

(8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31

U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(10) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon written request, with adequate assurances of future performance. Subject to the terms of this contract, the Contractor shall be paid an amount computed under paragraph (i) Payments of this clause, but the “hourly rate” for labor hours expended in furnishing work not delivered to or accepted by the Government shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified in paragraph

(a)(4) of this clause, the portion of the “hourly rate” attributable to profit shall be 10 percent. In the event of termination for cause, the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(End of clause)

Addendum to FAR 52.212-4

The Contracting Officer tailors FAR 52.212-4 in accordance with FAR 12.302.

Number Title Date

FAR 12.301(d) other FAR required provisions and clauses

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE (clause)

JUL 2015 IBR*

FAR 12.301(e) Discretionary Use of FAR provisions and Clauses

Improper Business Practices and Personal Conflicts of Interest

FAR 52.203-3 GRATUITIES (clause) APR 1984 IBR

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (clause)

OCT 2010 IBR

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (clause)

APR 2014 IBR

Administration Matters

FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER

FIBER CONTENT PAPER (clause)

MAY 2011 IBR

FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (clause)

JAN 2011 IBR

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE

(clause)

JUL 2013 IBR

Contracting with the Small Business Administration (THE 8(A) PROGRAM)

FAR 52.219-17 SECTION 8(A) AWARD (clause) DEC 1996 Fill-In

FAR 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A)

CONCERNS (clause)

JUN 2003 Fill-In

Protection of Privacy and Freedom of Information

FAR 52.224-1 PRIVACY ACT NOTIFICATION (clause) APR 1984 IBR

FAR 52.224-2 PRIVACY ACT (clause) APR 1984 IBR

Data and Copyrights

FAR 52.227-17 RIGHTS IN DATA--SPECIAL WORKS (clause) DEC 2007 IBR

Insurance

FAR 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION

(clause)

JAN 1997 IBR

Contract Financing

FAR 52.232-18 AVAILABILITY OF FUNDS (clause) APR 1984 IBR

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS (clause)

DEC 2013 IBR

Service Contracting

FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT,

AND VEGETATION (clause)

APR 1984 IBR

FAR 52.237-3 CONTINUITY OF SERVICES (clause) JAN 1991 IBR

Contract Administration and Audit Services

FAR 52.242-13 BANKRUPTCY (clause) JUL 1995 IBR

FAR 52.242-15 STOP-WORK ORDER (clause) AUG 1989 IBR

Subcontracting Policies and Procedures

FAR 52.244-2 SUBCONTRACTS (clause) OCT 2010 Fill-In

Value Engineering

FAR 52.248-1 VALUE ENGINEERING (clause) OCT 2010 IBR

Instructions for Provisions and Clauses

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (clause) FEB 1998 Full

FAR 52.252-4 ALTERATIONS IN CONTRACT APR 1984 Full

Forms

FAR 52.253-1 COMPUTER GENERATED FORMS(clause) JAN 1991 IBR

FAR12.301(e)(2) FAR 17.208

FAR 52.217-8 OPTION TO EXTEND SERVICES (clause) NOV 1999 Fill-In

EPAAR 1552.217-77 OPTION TO EXTEND THE TERM OF THE CONTRACT FIXED

PRICE. (clause)

OCT 2000 Fill-In

FAR12.301(e)(3) FAR PART 23

FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION. and ALTERNATE I. (clause)

MAY 2011 IBR

FAR 52.223-10 WASTE REDUCTION PROGRAM (clause) MAY 2011 IBR

FAR 52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT

SYSTEMS (clause)

MAY 2011 IBR

FAR 12.402 Acceptance, Quality Assurance

FAR 52.246-4 INSPECTION OF SERVICES - FIXED-PRICE (clause) AUG 1996 IBR

FAR12.301(f) Agency Unique Statutes

Supplement Clauses

EPAAR 1552.203-71 DISPLAY OF EPA OFFICE OF INSPECTOR GENERAL HOTLINE

POSTER

AUG 2000 IBR

EPAAR 1552.208-70 PRINTING SEP 2012 IBR

http://www.ecfr.gov/cgi-bin/text-idx?SID=111398b65abd64319f3c6e41f7abb8a5&mc=true&node=sp48.1.19.19_18&rgn=div6

EPAAR 1552.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST. and -

ALTERNATE I

MAY 1994 IBR

EPAAR 1552.209-72 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION APR 1984 IBR

EPAAR 1552.211-70 REPORTS OF WORK OCT 2000 Fill-In

EPAAR 1552.211-75 WORKING FILES APR 1984 IBR

EPAAR 1552.211-79 COMPLIANCE WITH EPA POLICIES FOR INFORMATION

RESOURCES MANAGEMENT

JAN 2012 IBR

EPAAR 1552.227-76 PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT. and

ALTERNATE I

MAY 1994

JAN 2015

IBR

EPAAR 1552.233-70 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS JUL 1999 IBR

EPAAR 1552.235-79 RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS

INFORMATION

APR 1996 IBR

EPAAR 1552.235-80 ACCESS TO CONFIDENTIAL BUSINESS INFORMATION OCT 2000 IBR

EPAAR 1552.237-71 TECHNICAL DIRECTION AUG 2009 IBR

EPAAR 1552.237-72 KEY PERSONNEL APR 1984 Fill-In

EPAAR 1552.237-76 GOVERNMENT-CONTRACTOR RELATIONS JUN 1999 Fill-In

*IBR – Incorporated by Reference

FAR Clauses, Fill-Ins Applicable

FAR 52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the

Contractor within 60 calendar days.

(End of clause)

FAR 52.219-17 SECTION 8(A) AWARD. (DEC 1996)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements and advance payments, delegates to the Environmental Protection

Agency the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the Environmental Protection Agency Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the "Disputes" clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant

Contracting Officer of the Environmental Protection Agency.

FAR 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS. (JUN

2003)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration

(SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer-

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan;

and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) "Agreement." A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The Not Applicable will notify the Not Applicable Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

FAR 52.244-2 SUBCONTRACTS. (OCT 2010)

(a) Definitions. As used in this clause—

Approved purchasing system means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR).

Consent to subcontract means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract.

Subcontract means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause.

(c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that—

(1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or

(2) Is fixed-price and exceeds—

(i) For a contract awarded by the Department of Defense, the Coast Guard, or the National

Aeronautics and Space Administration, the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract; or

(ii) For a contract awarded by a civilian agency other than the Coast Guard and the National

Aeronautics and Space Administration, either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract.

(d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting

Officer's written consent before placing the following subcontracts: ALL

(e)(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the following information:

(i) A description of the supplies or services to be subcontracted.

(ii) Identification of the type of subcontract to be used.

(iii) Identification of the proposed subcontractor.

(iv) The proposed subcontract price.

(v) The subcontractor's current, complete, and accurate certified cost or pricing data and Certificate of

Current Cost or Pricing Data, if required by other contract provisions.

(vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract.

(vii) A negotiation memorandum reflecting—

(A) The principal elements of the subcontract price negotiations;

(B) The most significant considerations controlling establishment of initial or revised prices;

(C) The reason certified cost or pricing data were or were not required;

(D) The extent, if any, to which the Contractor did not rely on the subcontractor's certified cost or pricing data in determining the price objective and in negotiating the final price;

(E) The extent to which it was recognized in the negotiation that the subcontractor's certified cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated;

(F) The reasons for any significant difference between the Contractor's price objective and the price negotiated; and

(G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

(2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for which consent is not required under paragraph (b), (c), or (d) of this clause.

(f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a determination—

(1) Of the acceptability of any subcontract terms or conditions;

(2) Of the allowability of any cost under this contract; or

(3) To relieve the Contractor of any responsibility for performing this contract.

(g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404-4(c)(4)(i).

(h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the

Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government.

(i) The Government reserves the right to review the Contractor's purchasing system as set forth in FAR Subpart

44.3.

(j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations:

***To Be Determined***

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause 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

FAR 52.252-4 ALTERATIONS IN CONTRACT. (APR 1984)

Portions of this contract are altered as follows: Local Supplements

EPAAR Clauses, Fill-Ins Applicable

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

The Contractor shall prepare and deliver reports, including plans, evaluations, studies, analyses and manuals in accordance with Attachment 1 "Performance Work Statement". Each report shall cite the contract number, identify the U.S. Environmental Protection Agency as the sponsoring agency, and identify the name of the Contractor preparing the report.

EPAAR 1552.217-77 OPTION TO EXTEND THE TERM OF THE CONTRACT FIXED PRICE. (OCT

2000)

The Government has the option to extend the term of this contract for two (2) additional period(s). If more than 60 calendar days remain in the contract period of performance, the Government, without prior written notification, may exercise this option by issuing a contract modification. To exercise this option within the last 60 calendar days of the period of performance, the Government must provide to the Contractor written notification prior to that last 30 calendar-day period. This preliminary notification does not commit the Government to exercising the option. Use of an option will result in the following contract modifications:

(a) The “Period of Performance” clause will be amended as follows to cover the Base and Option Periods:

Period Start Date End Date

Base May 1, 2016 April 30, 2017

Option 1 May 1, 2017 April 30, 2018

Option 2 May 1, 2018 April 30, 2019

(b) During the option period(s) the Contractor shall provide the services described below:

Period Attachment

Base Attachment 1-Performance Work Statement

Option 1 Attachment 1-Performance Work Statement

Option 2 Attachment 1-Performance Work Statement

(c) The “Consideration and Payment” clause will be amended to reflect increased fixed prices for each option period as follows:

Fixed Price Option Period

No Consideration and Payment Clause, Refer to Part (b) Continuation from Section A of

Part (a) Standard From 1449

Option 1

No Consideration and Payment Clause, Refer to Part (b) Continuation from Section A of

Part (a) Standard From 1449

Option 2

EPAAR 1552.237-72 KEY PERSONNEL. (APR 1984)

(a) The Contractor shall assign to this contract the following key personnel: On-Site Project Manager

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination…