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Solicitation Document SP4702-19-Q-0020
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
0079457874
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER
SP4702-19-Q-0020
6. SOLICITATION ISSUE
DATE
2019 APR 30
a. NAME
Anthony Gerardi PLCLDA1
b. TELEPHONE NUMBER (No Collect calls)
Phone: 614-692-3851
8. OFFER DUE DATE/
LOCAL TIME
2019 MAY 14
9. ISSUED BY CODE SP4702
DCSO COLUMBUS
PO BOX 3990
COLUMBUS OH 43218-3990
USA
10. THIS ACQUISITION IS 100UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
8 (A)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
NAICS: 541930
SIZE STANDARD: $7.5 Million
11. DELIVERYFOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/ CODE
OFFEROR
FACILITY
CODE
TELEPHONE NO.
18a. PAYMENT WILL BE MADE BY CODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
See Schedule
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED
SEE SCHEDULE
7. FOR SOLICITATION
INFORMATION CALL:
SEE SCHEDULE
03:00 PM
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE ADDENDUM
EDWOSB
32a. QUANTITY IN COLUMN 21 HAS BEEN
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED
COMPLETE PARTIAL FINAL
STANDARD FORM 1449 (REV. 2/2012) BACK
36. PAYMENT
PARTIAL FINAL
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY
42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42b. RECEIVED AT (Location)
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 44 PAGES
SP4702-19-Q-0020
Description:
Sign Language Interpreting Services for the Defense Supply Center Columbus, OH / DLA Land & Maritime
Socio-Economic Category – Small Business Set-Aside (SBSA)
NAICS - 541930
Type of Contract - Firm-Fixed-Price Purchase Order
FOB Destination, Inspection and Acceptance at Destination
This solicitation is issued to establish a Purchase Order for a term of one year, beginning on June 1, 2019 and ending on May 31, 2020.
The government will award a Purchase Order resulting from this solicitation to the responsible vendor whose offer, conforming to the solicitation, will be the most advantageous to the U.S. Government in terms of price and other non-price factors specified in this solicitation.
The Government reserves the right to award a contractor under the all or none provision.
Email Proposals: The DLA Internet Bid Board Systems (DIBBS) quotations are not acceptable for this solicitation. Offerors must complete and submit the entire solicitation no later than the closing date specified. Proposals shall be emailed to Mr. Anthony Gerardi at Anthony.gerardi@dla.mil. Please ensure that all clauses are completed and returned along with the proposal.
No Award: The Government reserves the right to not make an award as a result of this solicitation if such award is determined contrary to the best interest of the Government.
Basis of Award: Award will be made to the vendor who submits the response that is technically acceptable with the lowest price. See PWS section 5 for details regarding specific contractor experience and technical evaluation criteria.
All or None: With respect to the items or group of items identified in the solicitation, offers must be submitted for all items indicated. No award will be made for less than the full requirements shown in this solicitation.
Invoicing: All invoicing for the resulting contract shall be accomplished in the Wide Area Work Flow (WAWF) system. Vendors are encouraged to become familiar with this system if they have not yet used it. See 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) DFARS for further information.
Table of Contents:
PG 1 - SF1449
PG 4 - Performance Work Statement PG 15 - Clauses Attachment 1 - QASP
Required Documents to Submit:
-Signed 1449 -Completed pricing sheet (PWS PG 10) -Documentation of prior experience per PWS paragraph 5.A.
-Identify Project Manager and provide qualifications per PWS paragraph 5.B.
-Identify 10 Interpreters and provide qualifications per PWS paragraph 5.C. and 5.E.
Performance Work Statement Sign Language Interpreting Services
Defense Logistics Agency – Land and Maritime
1. GENERAL: It is the policy of the Defense Logistics Agency (DLA) Land and Maritime, a federal agency, to provide equal employment opportunities for its employees, former employees, as well as applicants for employment with policies and practices in full compliance with the laws and regulations governing equal employment opportunity.
2. SCOPE: The scope of the resulting contract is to obtain at location, interpreting services for deaf and hard of hearing employees, former employees, and applicants on an as-needed basis for the Defense Supply Center Columbus (DSCC) / DLA Land and Maritime, Columbus OH. The resulting contract will be for one year.
3. BACKGROUND: Due to the increase in demand and the lack of in-house resources necessary for effective and timely interpreting services for the deaf and hard of hearing employees, DLA Land and Maritime has determined that contractor-provided services for this requirement is in the best interest of the Government. The DLA Land and Maritime EEO Office will act as the Contracting Officer’s Representative (COR) for the Government. The COR will initiate all requests and monitor all vendor performance. The COR’s authority is limited to technical reviews and does not authorize the COR to make contractual decisions. The authority to resolve monetary issues and contractual interpretation is the responsibility of the contracting officer.
4. REQUIREMENTS/TASKS: The Contractor will provide all of the necessary personnel, services, and material needed to perform the work set forth in this Performance Work Statement including, but not limited to, all equipment and related materials/office supplies, and administrative support services.
Note: At any time assignments could be cancelled, additions made and/or changes made to start and stop time.
A. The Contractor shall provide interpreting services for scheduled trainings and other appointments as required. Current requirements include, but are not limited to:
I. Shift Interpreter: Due to the high volume of interpreting appointments on Tuesdays, Wednesdays, and Thursdays, the contractor shall provide a shift interpreter on those three days each week. This will ensure the interpreter is available for last minute interpreting service requests. The work hours required for this individual are 8:00 AM to 4:30 PM with ½ hour lunch (unpaid) from 12:00 to 12:30 PM. The total work hours will be 8 hours each day, for a total of 24 hours each week, and 1,248 hours per year.
Continuation Sheet SP4702-19-Q-0020 Page 4 of 44
II. Formal training sessions dealing with specialized terminology and subject matter in the fields of acquisition, human resources, supply, information technology, disposition services, and quality assurance.
III. On the job training, working in specific applications used in the fields of procurement, human resources, supply planning, information technology, disposition services, and quality assurance.
IV. Other appointments as requested; including but not limited to:
i. job interviews
ii. safety talks
iii. discussions on work procedures
iv. policies or assignments
v. disciplinary discussions
vi. various meetings
V. The estimated total yearly hours for items II, III and IV above are 2,685. If necessary, the contractor will subcontract with other local interpreting agencies to ensure all requested appointments are satisfied. Any subcontracted interpreter must meet the qualifications contained in this Performance Work Statement.
B. Upon receipt of an interpreting requirement, the EEO Office will contact the contractor allowing sufficient time to meet the requirements. Minimum sufficient time is defined as follows:
I. Five business days in advance of any single event.
II. Ten business days in advance for a large or long (more than 24 interpreting hours) work training session.
III. Requests which fail to provide sufficient lead time will be deemed a last minute request. The contractor may still elect to provide the requested services for last minute requests, however they are not contractually required to do so.
C. The EEO Office will provide the following information:
I. Type of interpreters required (American Sign Language, Pidgin Sign Language, (ASL, Signed English or Oral)
II. Dates of the event to include daily start and end times
III. Event Point of contact (POC) of the organization requesting the interpreter (name, telephone number, location)
Continuation Sheet SP4702-19-Q-0020 Page 5 of 44
IV. The Event POC is responsible for ensuring that interpreters are signed-in upon arrival, escorted to the event(s) where the service is needed, and ensure the interpreter(s) is escorted to the check-out location, as necessary.
V. Name(s) of Deaf/Hard of Hearing employee(s).
VI. Type of interpreting event(s).
VII. Length of time for the event(s).
VIII. Location of the interpreting event(s)
D. Cancellations and Scheduling Changes: At any time assignments can be cancelled, additions made, and/or changes made to start and stop time. The Government is responsible for payment of the full appointment fee for any assignment cancelled less than 2 business days before the scheduled start of the assignment.
E. For all assignments identified as on-going or routine assignments, the contractor will provide a confirmation that the assignment is filled and the name of the interpreter(s) no later than seven (7) days prior to the assignment. For all assignments identified as non-recurring or special assignments, the EEO office will provide a deadline for when the contractor is required to provide confirmation that the assignment is filled and the name of the interpreter(s).
F. The Contractor is responsible for ensuring interpreters have complete and accurate job information prior to day of assignment. All necessary information for each assignment will be provided to the contractor from the EEO Office.
G. Interpreter(s) must contact the EEO Office or designated POC upon arrival for assistance with accessing the facility and must arrive 30 minutes before scheduled assignment to clear security and complete travel to specific event location on the DSCC installation.
H. All contractor personnel or any representative of the contractor entering any government facility or government leased facility shall abide by all security regulations and be subject to security checks. All contractors need to be a US citizen and able to satisfy criteria to gain base/site access. Access to DSCC/site must be coordinated with the EEO Office POC.
I. Interpreter(s) must notify the EEO Office if an assignment is canceled a f te r they have ar r ived a t the DSCC Faci l i ty , or if it is completed early. If this occurs, the EEO Office reserves the right to reassign the interpreter(s) to another assignment as needed or to release the interpreter(s) if they are not needed elsewhere.
J. If the communication mode of the consumer and the interpreter do not match, the EEO Office reserves the right to request that the contractor replace the interpreter within 24 hours.
Continuation Sheet SP4702-19-Q-0020 Page 6 of 44
K. TRAVEL: While the contractor has discretion in assigning personnel, unless prior approval has been obtained from the EEO Office, the principle of minimizing costs to the Government is controlling. No travel or per diem will be reimbursed for local travel. For the purposes of this contract, “local travel” will be defined as any event occurring within a 30 mile radius of the DSCC Installation. For travel outside of this defined area, the contractor may be entitled to per diem and travel costs, after approval from the Contracting Officer or COR. Government travel information can be accessed at the following website: www.gsa.gov/federaltravelregulation
5. CONTRACTOR QUALIFICATIONS: Any contractor interested in submitting an offer in response to this solicitation must meet the following criteria:
A. The contractor must have at least four (4) years of experience in providing sign language interpreting services. This experience must be documented by providing previous contracts that show the contractor possesses the minimum four (4) years’ experience. These examples of previous experience must demonstrate the contractor has the ability to perform the tasks outlined in this PWS.
B. The contractor must identify a project manager for this requirement. The project manager will be the single point of contact that the EEO Office and/or COR will contact for all appointment scheduling or other issues related to this contract. This individual must possess at least four (4) years of experience with scheduling in the sign language interpreting industry. In order to ensure that the EEO Office is able to effectively and quickly communicate with the project manager/scheduling coordinator, this individual is required to be local to the DSCC Facility. For the purposes of this requirement, “local” will be defined as being within a 30 mile radius of the DSCC Facility.
C. The Americans with Disabilities Act requires the provision of qualified interpreters in a variety of settings. To satisfy this requirement, the interpreter must have the proven ability to effectively communicate. The contractor shall evaluate all interpreters assigned to provide interpreting services under this contract to determine level of ability and proficiency to interpret the subject matter identified on each request. T h e c o n t r a c t o r m u s t p o s s e s s a pool of at least ten (10) certified interpreters with The Registry of Interpreters for the Deaf (RID) and at least two (2) years past experience with providing services to DLA Land and Maritime or similar organizations is required. The contractor must submit resumes for these ten (10) individuals along with their proposal. Proven ability may, on a case by case basis, also be demonstrated by a record of professional level interpreting in a variety of formal DLA Land and Mari t ime government training settings over the period of at least two (2) years. Proficiency may also be evaluated based on the customer comments received from the deaf and hard of hearing employee.
D. For formal training assignments, the contractor shall verify the assigned interpreter(s) have a minimum of 2 years’ experience interpreting in formal Go v e r n ment training settings. Interpreter(s) must be comfortable working in a classroom environment, interpreting complex/technical information matching the deaf consumer's communication
Continuation Sheet SP4702-19-Q-0020 Page 7 of 44 preference. The sign language skills and fluency must be at a level sufficient to provide thorough a n d instantaneous translation and interpretation of regular mainstream class lectures. Interpreters must be physically located in the classroom due to subject matter, training environment, and security issues.
E. The resumes submitted in response to paragraph 5.C. above must include:
I. US citizen and able to satisfy criteria to gain base/site access II. The Registry of Interpreters for the Deaf (RID) certification and be verifiable in the
RID online member directory III. Minimum two (2) years past experience with providing services to DLA Land and
Maritime or similar organizations IV. Demonstrate that the interpreter possesses a variety of communication skill sets to work in variety of communication modes including, but not limited to: American Sign Language, Pidgin Sign Language, Signed English, or Oral modes.
6. SECURITY REQUIREMENTS:
A. Security and Privacy Act Requirements: All work-performed relative to the tasking identified in this PWS are unclassified or carry a Privacy Act Classification.
C o n t r a c t o r s ystems security shall be in accordance with Security Requirements for Automated Information System.
B. Security Investigation Requirements: No classified work will be required. However, the contractor will be working with sensitive information which is covered by the Privacy Act.
C. Contractor CAC / ID Badging: Contractor employees who are regularly working under the resulting contract may be provided Contractor Common Access Cards (CAC). A Contractor CAC must be coordinated through the EEO Office and an application for each employee will be submitted through the DSCC Security & Emergency Services. Contractor employees who will work less frequently under the resulting contract may be issued temporary badges by the DSCC visitor control center. Specific instructions regarding the type of access to be applied for and instructions for facility access will be provided by the EEO Office. Further information regarding Contractor CAC is available in Addendum 1 to this PWS.
7. INVOICING INSTRUCTIONS: Invoices shall be submitted via Wide Area Work Flow (WAWF) system. The DLA Land and Maritime EEO Office/COR is responsible for certification of invoices. Payment will be made in accordance with the Prompt Payment Act.
Continuation Sheet SP4702-19-Q-0020 Page 8 of 44
8. Enterprise-Wide Contractor Manpower Reporting Application (ECMRA): (Service Contracts Only). The following requirements apply to service contracts only. Procurements for utilities (e.g. PSC S111, S112, S113, S114, S119) and for the construction of structures and facilities are exempted from these requirements.
The Contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Defense Logistics Agency via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil.
9. Government holidays and weather/emergency info
A. The following Holidays are observed by the DSCC Facility:
New Year’s Day – 1 January Martin Luther King Jr. Day – 3rd Monday in January President’s Day – 3rd Monday in February Memorial Day – Last Monday in May Independence Day – 4 July Labor Day – 1st Monday in September Columbus Day – 2nd Monday in October Veteran’s Day – 11 November Thanksgiving Day – 4th Thursday in November Christmas Day – 25 December
B. If these holidays fall on Saturday, the preceding Friday will be observed. If these holidays fall on Sunday, the following Monday will be observed. If the holiday falls on one of the Shift Interpreter days (Tuesday/Wednesday/Thursday), work will not be performed on that particular day. If a scheduled appointment falls on a holiday, the vendor shall clarify with the EEO office regarding that appointment.
C. Occasionally, the DSCC installation may be closed due to weather or other emergencies. In the event of a closure, the EEO office will coordinate with the vendor regarding what appointments are affected.
Continuation Sheet SP4702-19-Q-0020 Page 9 of 44
10. PRICING: The vendor will complete the pricing table below and return along with their quote:
DSCC / DLA Land and Maritime Sign Language Interpreting
CLIN Description QTY Unit Unit Price Total Price
0001 Shift Interpreter, 8 Hours per day, Tues/Weds/Thurs (See PWS 4.A.I)
1,248 HR $ $
0002 Interpreting Service Appointments (See PWS 4.A.II, III, & IV)
2,685 HR $ $
0003 Travel (See PWS 4.K)
NA JB NA $5,000
(NOT TO EXCEED)
Continuation Sheet SP4702-19-Q-0020 Page 10 of 44
APPENDIX 1
Contractor Instructions - Common Access Card (CAC) Procedures
Performance under this contract may require the contractor to obtain a Common Access Card (CAC). If CACs are issued under this contract, the contractor shall complete and comply with the following steps to obtain, control, and turn-in Government-issued CACs, as well as establish procedures to control and account for contractor CACs at all times. This process is only for the issuance and accountability of CACs. Contractors may be required to provide additional forms and follow additional procedures for other forms of access and/or background/ security checks depending on local site/installation requirements.
1. The contractor has each contractor employee requiring a CAC complete and sign Sections I and II of the DD Form 1172-2. The instructions for completing the DD Form 1172-2 are located at http://www.cac.mil/docs/1172-2-Instructions.pdf.
o For Section II, Block 22 - If the contractor employee signs and the DD Form 1172-2 it is then forwarded by the contractor. This provides verification for the employee information. If the contractor is submitting a DD Form 1172-2 for him/ herself (e.g., the owner), with no higher authority above them for verification, then the signature in Block 22 must be notarized to verify identity.
2. The contractor forwards the DD Form(s) 1172-2 via hand-carry, secure mail, or encrypted email to (NOTE: The contractor may forward these forms individually or as a group):
o The Contracting Officer’s Representative (COR) for the contract, if a COR was designated.
o The Contracting Officer (CO) for the contract, if no COR was designated.
3. Each contractor employee must verify his/her account information upon receipt of an email from the Government containing a username and password for the Trusted Associate Sponsorship System (TASS). The web link for TASS is included in the email.
4. Each contractor employee will receive an email via TASS when his/her account has been approved. The email will notify the employee to obtain a Government-issued CAC from the nearest Real-Time Automated Personnel Identification System (RAPIDS) office. The email will also provide a link that identifies the locations of RAPIDS offices.
5. Each contractor employee shall obtain his/her issued CAC from the RAPIDS office.
6. The contractor, within one (1) business day of issuance, provides written notice via email to the COR (or the CO, if no COR was designated) for each contractor CAC issued identifying the contractor employee’s name, the date of issuance, and the date of expiration of the CAC. This notification may be made individually for each contractor employee or together for a group of contractor employees.
Continuation Sheet SP4702-19-Q-0020 Page 11 of 44
7. The contractor establishes procedures to control and account for Government-issued contractor CACs at all times, to include the following:
o Ensure contractor CACs issued for this contract are only used for the purpose of performing under this contract.
o Ensure contractor CACs are secured in a manner that precludes unauthorized use and that recognizes the CAC is the property of the U.S. Government.
o Ensure contractor employees do not abuse or place holes in their CACs.
o Ensure contractor employees do not display their CACs in public.
8. If a contractor CAC is lost or stolen:
o The contractor employee shall immediately notify the contractor that the contractor CAC has been lost or stolen.
o The contractor shall immediately notify the COR (or the CO, if no COR was designated), detailing the circumstances regarding the lost or stolen contractor CAC, as follows:
In person, followed within one (1) business day by a written notice via email, or In writing, via email, or By telephone, followed within one (1) business day by a written notice via email.
o The contractor shall report the lost or stolen CAC card to the local DLA
Police/host installation police, who will provide the contractor a police report. If there is no local DLA Police/host installation police, or no police report is provided, the contractor shall provide information to the COR/CO, as applicable, detailing the circumstances of how the CAC was lost or stolen. The COR/CO will provide a memorandum for the contractor employee to support issuance of new CAC.
o The contractor has the contractor employee bring the report/memorandum to the nearest RAPIDS office. If the CAC can be reissued within 24 hours, bring the report/memorandum to the nearest CAC office for reissue. If the CAC cannot be reissued in 24 hours, follow the steps for a new CAC, beginning at Step 1.
9. If the expiration date for a contractor CAC is prior to completion of the contract and the contractor employee is to continue working under the contract and still requires a CAC, the contractor:
o Notifies the COR as follows:
In person, followed within one (1) business day by a written notice via email, or In writing, via email, or By telephone, followed within one (1) business day by a written notice via email.
Continuation Sheet SP4702-19-Q-0020 Page 12 of 44 o No less than two (2) weeks prior to the current CAC’s expiration date, completes and complies with the steps above beginning with Step 2 for issuance of a new contractor CAC for the employee.
o Brings the expiring CAC to the RAPIDS office for turn-in and receives new CAC.
o Notifies the COR once a new CAC has been issued.
10. The contractor/contractor employee turns in any found CACs immediately, via hand-carry, to the nearest Federal law enforcement office.
11. The contractor immediately collects all contractor CAC(s) from the contractor employee(s) at:
o Contract completion or termination o Termination/Reassignment of an employee (this includes any reason the employee is no longer working for the contractor under the contract or otherwise no longer requires a CAC)
12. The contractor:
o For contract completion or termination – within one (1) business day after collecting the contractor CAC(s), arranges for turn-in via one of the below methods:
i. If the COR/CO is co-located or near enough that in-person transfer of CACs can be arranged, the contractor:
Arranges to meet the COR (or the CO, if no COR was designated) to turn-in the collected contractor CAC(s).
Hand-carries all collected contractor CACs for turn-in to meet the COR (or the CO, if no COR was designated).
Completes and signs the Government-Issued Contractor CAC Turn-In Receipt with the COR (or the CO, if no COR was designated). The contractor is provided a copy of the receipt.
ii. If in-person transfer of CAC cannot be arranged, the contractor:
Sends, via certified mail, the CACs to the COR/CO. The contractor includes in the package the Government-Issued Contractor CAC Turn-In Receipt, with signed acknowledgement of contractor turn-in.
Notifies COR/CO that CACs have been sent via certified mail.
Receives a completed copy of the receipt from the COR/CO once the COR/CO has received the CACs.
o For termination/reassignment of an employee:
i. Immediately notifies the COR (or the CO, if no COR was designated) that the employee is no longer working for the contractor under the contract or otherwise no longer requires a CAC, as follows:
Continuation Sheet SP4702-19-Q-0020 Page 13 of 44
In person, followed within one (1) business day by a written notice via email, or
In writing, via email, or By telephone, followed within one (1) business day by a written notice via email.
ii. Follows the turn-in procedures above for contract completion or termination, as applicable.
Contractor Reporting Requirements: The contractor is required to submit, on a monthly basis, to the COR (or the CO, if no COR was designated) a report of all employees working on the contract who have been issued CAC cards and a verification of whether each listed employee still requires a CAC. The report must note where changes have occurred (additions or deletions) since the previous month. Contractor employees who already have a CAC related to another DLA or DoD contract must be included in the monthly report. Contractor shall note the issuing organization and the CAC expiration date. Contractor is still responsible for notifying the COR/CO when the individual is no longer working under the subject contract.
The above procedures have been established as a DLA security measure. Contractors are advised that failure to comply with any of the above requirements will be considered a violation of the terms and conditions of the contract and the Contracting Officer may take action to remedy such violations. Specifically, failure to safeguard, follow these procedures, including reporting requirements, or turn-in CACs within the established timeframes may result in the following actions, which are in addition to other actions the Contracting Officer may take under governing law and regulation and the terms and conditions of the contract:
Immediate work stoppage (issuance of a stop work order), not to be lifted until resolution of CAC issue
Disapproval of invoices and delay of payment Withholding of final payment (in accordance with FAR 52.204-9) Documentation of CAC Non-Compliance in the Contractor Performance Assessment
Reporting System (CPARS)
Continuation Sheet SP4702-19-Q-0020 Page 14 of 44
CLAUSES INCORPORATED BY REFERENCE
CLAUSE NO. CLAUSE TITLE YEAR-MO SECTION
VARIATION
NAME DATE
252.201-7000 Contracting Officer's Representative 1991-12 SEC G 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 SEC I 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I 252.203-7005 Representation Relating to Compensation of Former DoD Officials.
As prescribed in 203.171-4(b), insert the following provision:
2011-11 SEC K
252.204-7000 Disclosure of Information. 2016-10 SEC I 252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7006 Billing Instructions. 2005-10 SEC G 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 SEC I 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2016-10 SEC I 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 SEC I 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the
Government of a Country that is a State Sponsor of Terrorism.
2015-10 SEC I
252.215-7007 Notice of Intent to Resolicit. 2012-06 SEC K 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. 2018-01 SEC L 252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 SEC G 252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 SEC I 252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I 52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003) 2011-11 SEC I
Deviation 2019-O0003 2018-12
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.
2017-01 SEC I
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01 SEC I
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 SEC I 52.204-16 Commercial and Government Entity Code Reporting. 2016-07 SEC K 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 SEC I 52.204-22 Alternative Line Item Proposal. 2017-01 SEC I 52.204-23 Prohibition on Contracting for Hardware, Software, and Services
Developed or Provided by Kaspersky Lab and Other Covered Entities.
2018-07 SEC I
52.204-7 System for Award Management. 2018-10 SEC L 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 SEC I 52.209-6 Protecting the Government's Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment.
2015-10 SEC I
52.219-13 Notice of Set-Aside of Orders. 2011-11 SEC I 52.219-14 Limitations on Subcontracting. 2017-01 SEC I 52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I 52.222-37 Employment Reports on Veterans. 2016-02 SEC I 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 SEC I 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 SEC I 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 SEC I 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 SEC I 52.233-3 Protest after Award. 1996-08 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I 52.209-11 Representation by Corporations Regarding Delinquent Tax
Liability or a Felony Conviction under any Federal Law.
2016-02 SEC I
52.246-4 Inspection of Services - Fixed Price 1996-08 SEC E
52.204-9 Personal Identity Verification of Contractor Personnel 2011-01 SEC I
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CLAUSES IN FULL TEXT
VARIATION
CLAUSE NO. CLAUSE TITLE
(MONTH
YEAR) NAME DATE
CLAUSE TEXT
52.222-26 Equal Opportunity. ( 2015)
As prescribed in 22.810(e), insert the following clause:
Equal Opportunity (Sept 2015)
(a) Definition. As used in this clause.
"Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.
"Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.
"Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-
(1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or
(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.
"Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
"Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
"United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
(b)
(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.
(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).
(c)
(1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.
(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-
(i) Employment;
(ii) Upgrading;
(iii) Demotion;
(iv) Transfer;
(v) Recruitment or recruitment advertising;
(vi) Layoff or termination;
(vii) Rates of pay or other forms of compensation; and
(viii) Selection for training, including apprenticeship.
Continuation Sheet SP4702-19-Q-0020 Page 16 of 44
(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(5)
(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-
(A) Incorporation into existing employee manuals or handbooks; and
(B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.
(6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.
(7) The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.
(8) The Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR Part60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.
(9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.
(10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.
(11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.
(12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.
(End of Clause)
52.212-4 Contract Terms and Conditions-Commercial Items. ( 2018)
As prescribed in 12.301(b)(3), insert the following clause:
Contract Terms and Conditions-Commercial Items (Oct 2018)
Continuation Sheet SP4702-19-Q-0020 Page 17 of 44
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31U.S.C.3727). However, when a third party makes payment (e.g.,use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41U.S.C.chapter71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the…
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