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Mail Services
Solicitation number
SSA-RFP-12-1019
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SF 1449 addendum - Part 2 of solicitation

Text of this file

Level 1 = Low Risk/ Non-Sensitive Level 1 = Low Risk/ Non-Sensitive

HYPERLINK \l "_Toc318798110" Section A - Pricing2
HYPERLINK \l "_Toc318798111" Contract Line Item Numbered (CLIN)2
HYPERLINK \l "_Toc318798112" Addendum to Standard Form 14492
HYPERLINK \l "_Toc318798113" Section B - Supplies or Services3
HYPERLINK \l "_Toc318798114" B.1Statement of Work3
HYPERLINK \l "_Toc318798115" B.2Information on Current Contract7
HYPERLINK \l "_Toc318798116" Section C - Contract Clauses8
HYPERLINK \l "_Toc318798117" 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011)8
HYPERLINK \l "_Toc318798118" 52.204-7 Central Contractor Registration. (FEB 2012)8
HYPERLINK \l "_Toc318798119" 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. (FEB 2012)8
HYPERLINK \l "_Toc318798120" 52.217-5 Evaluation of Options. (JUL 1990)14
HYPERLINK \l "_Toc318798121" 52.217-8 Option to Extend Services. (NOV 1999)14
HYPERLINK \l "_Toc318798122" 52.217-9 Option to Extend the Term of the Contract. (MAR 2000)15
HYPERLINK \l "_Toc318798123" 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran--Representation and Certification. (NOV 2011)15
HYPERLINK \l "_Toc318798124" 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)15
HYPERLINK \l "_Toc318798125" 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)15
HYPERLINK \l "_Toc318798126" 001 Agency Specific Terms and Conditions16
HYPERLINK \l "_Toc318798127" 0401 Security and Suitability Requirements (JUN 2011)16
HYPERLINK \l "_Toc318798128" 2401 Protection of Confidential Information.25
HYPERLINK \l "_Toc318798129" 2402 Protecting and Reporting the Loss of Personally Identifiable Information: Responsibilities Concerning Individual Employees (DEC 2008)27
HYPERLINK \l "_Toc318798130" 3201 Invoice Submission and Payment Related Information (JUL 2011)38
HYPERLINK \l "_Toc318798131" 4201 Post Award Evaluation of Contractor Performance39
HYPERLINK \l "_Toc318798132" 4202 Designation of COTR and Alternate COTR41
HYPERLINK \l "_Toc318798133" Section D - Contract Documents, Exhibits, or Attachments44
HYPERLINK \l "_Toc318798134" U.S. Department of Labor Wage Determination No.: 2005-256344
HYPERLINK \l "_Toc318798135" Section E - Solicitation Provisions45
HYPERLINK \l "_Toc318798136" 52.212-1 Instructions to Offerors - Commercial Items. (FEB 2012)45
HYPERLINK \l "_Toc318798137" Addenda to Instructions:45
HYPERLINK \l "_Toc318798138" 52.212-2 Evaluation - Commercial Items. (JAN 1999)45
HYPERLINK \l "_Toc318798139" 52.212-3 Offeror Representations and Certifications-Commercial Items. (FEB 2012)46

Section A - Pricing

Contract Line Item Numbered (CLIN)

CLIN

Description Quantity Unit Unit Price Amount Mail Services for the Regional Office Base Year

MO

Mail Services for the Regional Office Option Year 1

Option Year 2

Option Year 3

Option Year 4

Grand Total

Addendum to Standard Form 1449

In accordance with Federal Acquisition Regulation (FAR) 12.302 and 12.303, this Section 1 contains addenda to the Standard Form 1449. The addenda, contained in Sections A & B are part of the continuation of the schedule and description of the supplies and services to be acquired.

Section B - Supplies or Services

B.1 Statement of Work

Organization: Social Security Administration 701 5th Avenue, Suite 2900, M/S 291C Seattle, WA 98104-7075 Scope. This is a non-personal service contract. Contracted services are required to provide facility support services to the Social Security Administration. The contractor will provide services to satisfy the overall operational objectives of the Social Security Administration.

The contactor shall present a neat appearance, in accordance with standard office attire. They will provide support for various functional mail room and clerical tasks. The function and tasks to be completed include preparation of daily outgoing FedEx packages, sort and distribute mail, and pick-up and delivery of mail from USPS drop-off to SSA employees. In addition, they will receive and deliver mail and packages from other carriers, and mail out forms. The contractor will receive additional tasks from the government technical representative to include some clerical assistance such as filing, copying of documents and maintaining supply inventories. Clerical Assistance will not exceed 80 hours over the course of one year.

Conditions of Performance. Mail is received, sorted, outgoing mail picked-up and prepared and returned mail processed for the Seattle Regional Office which is located in the Columbia Center and spread out over eight floors to include the Office of the Regional Commissioner, the Office of the General Counsel, the Office of Quality Performance and the Office of Disability of Adjudication & Review.

Mail is received on a daily basis and can be received from the USPS or any express carrier

Unaddressed mail must be opened and delivered to the correct person or office Mail must be sorted by floor and recipient when received from the courier The contractor shall have knowledge of current postal standards and provide the most cost efficient means for sending and receiving mail and packages Mail includes regular postal mail, certified mail and express mail Preparing outgoing mail includes picking up mail from pickup points, metering for weight and adding postage Preparing outgoing express mail includes packaging the contents, filling out the air bill and inputting into the tracking system (as needed) Express mail includes FedEx, UPS and DHL deliveries Preparing certified mail includes filling out the required forms, tracking and providing the information to the person who sent the certified mail Certified mail is recorded on a daily manual log Returned mail must be sent back to the appropriate carrier if required Express mail bills are compared to air bills to ensure all charges are authorized Courier services include moving mail from the post office to Suite 2900 and the 10th floor mailrooms and from Suite 2900 and the 10th floor mailroom to the post office Courier services are performed twice per day.

Postal machines maintenance includes notifying Designated Government Rep when machine balance reaches $1,000, as well as providing troubleshooting and calling maintenance contract for break downs Stock office supply room after receipt and verification of products by government staff.

Distribute requested office supplies with mail deliveries.

This contract provides mail services to approximately 250 persons. Based on a mail count done March 21, 22, and 23, of 2011, the government estimates the average mail count to be approximately 1,020 pieces of incoming mail, and 1,215 pieces of outgoing mail each five-day workweek. Within that mail, there are approximately 50 pieces of certified mail, and 50 pieces of express mail, and 25 pieces of interoffice mail.

During the months of September and October, the number of incoming package is higher than the rest of the year.

Approximately three times a year, there may be special mailings that will be from 100 – 3,000 pieces of extra outgoing mail the contractor shall mail at the same time.

There are 14 mail stops distributed amongst eight floors. They are distributed as follows: 35th floor – 1 stop; 30th floor – 2 stops; 29th floor – 3 stops; 24th floor – 1 stop; 22nd floor – 1 stop, 20th floor – 1 stop; 10th floor – 2 stops; 9th floor – 3 stops.

The SSA centralized mailroom is located on the 29th floor.

On the 30th floor, the contractor shall sort the mail into approximately cubbies at each mail stop. At all other mail stops there is only one receptacle and the contractor does not sort mail any further.

The servicing USPS office is located on the 3rd floor in the same building at 701 Fifth Ave, Seattle, WA 98104.

FedEx, UPS, and all other courier mail is delivered to the 29th floor by courier. The contractor shall pick up all other mail at the USPS will –call window located on the 3rd floor.

On the first day of performance, the contractor will receive a floor plan identifying mail stops, and in-person orientation to learn the layout of the mailroom, and the locations of the mailstops, and Post Office. The contractor is responsible for providing any new staff they may have during the performance of this contract with the orientation needed.

The contractor shall use a government provided mail-metering machine to meter outgoing mail. The government does not provide any automated machinery for processing incoming mail.

The contractor shall provide responses to inquiries received on missing mail, or other mail questions.

The contractor is required to answer the freight elevator for receipt of deliveries when their staff is in the mailroom. When the contractor’s staff is out of the mailroom making deliveries, government staff will receive deliveries from the freight elevator.
The government will provide a wheeled cart, a USPS mail cart, a hand truck, a postage metering machine, and all mail packaging supplies for the contractor’s use in performing this contract. The contractor does not leave the building to provide services.

The government will provide maintenance on all government provided equipment. The contractor is responsible for reporting equipment problems or concerns to the government project officer on a timely basis to allow remedy of problems with minimum impact to mail services.

Certifications, License, Physical Requirements or Other Expertise. The contractor onsite staff must:

Possess basic computer skills to operate FedEx account and metering equipment.

Possess basic communication skills and general office skills in the areas of typing, basic mathematical skills and facsimile and copier operations.

Possess the ability to communicate in the English Language with the Government’s representative.

Must be literate and knowledgeable of United States Postal Service rules and regulations Possess the physical agility to maneuver mail carts and lift and carry a minimum of 50 lbs.

Possess the ability to utilize handcarts for delivering of received packages.

Possess the ability to be on their feet for an extended period of time Possess a current clearance through a Social Security Administration background check prior to working onsite at the Columbia Tower Deliverables. Provide daily mail services.

Delivery and pick-up will be at multiple stops per floor for each organization. There are eight floors where deliveries must be made. Delivery and pick-up points will be the appropriate mail bins for the applicable office and/or individual. (A Reference for delivery and pick-up points is maintained in the mailroom.)

Delivery: Mailroom personnel shall deliver mail by noon each day to each of the 14 mail stops.

Pick-up: Twice daily, once in the morning and once in the afternoon, the contractor shall pick up mail at the will-call window located on the 3rd floor located in the Columbia Center.

Outgoing Mail .The offeror shall review all outgoing mail to determine that it has a complete address and zip code. All mail shall be packaged in accordance with USPS and agency regulations or private carrier procedures. This includes weighing and logging outgoing parcels.

All outgoing mail shall be processed and prepared for pick-up by courier service and/or private carrier by 2:30pm.

Period of Performance. The period of performance is August 1, 2012 through July 31, 2013 for the base year with a 4 year option period.

The Offeror shall operate the mail processing function 5 days per week, Monday through Friday and shall be present from 7:30 a.m. to 2:30 p.m, except Federal holidays. Any substitute employees used to cover for vacations or illness shall be oriented to the requirement, and have Suitability clearance in advance of their work on site.

The USPS will call window is open from 9:30am to 11:30am. The contractor shall deliver all mail and packages in the same day received. The contractor shall pick-up mail from all mail stops at least once before noon, and at least once after noon. The contractor shall have all outgoing mail to the USPS drop-off before 2:30pm.

Access to Facilities. The offeror shall have access to assigned facilities during work hours (7:00 a.m. to 5:00 p.m., Monday – Friday, except for Federal holidays) Place of Performance. All work shall take place at the Columbia Tower, 701 Fifth Avenue, Seattle, WA 98104-7075.

Contract Type. Fixed Price Non-Personal Service Statement. Contractor employees performing services under this order will be controlled, directed and supervised at all times by management personnel of the contractor. Contactor employees will perform independent of and without the supervision of any Government official. The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

Government Technical Representative. The Government Technical Representative will provide general instructions on limitations and deadlines, and is responsible for inspection and acceptance of deliverables.

Point of Contact: to be provided at time of award Phone:

Email:

B.2 Information on Current Contract

Contractor: Gryphon Business Group, LLC PO Box 574 Sierra Vista, AZ 8563-0574

Purchase Order #: SS10-11-50005

Period of Performance: 8/1/2011 – 7/31/2012

Price: FFP $3,830.21/month

Section C - Contract Clauses

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011)

52.204-7 Central Contractor Registration. (FEB 2012)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. (FEB 2012)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

[ ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: Contracting Officer check as appropriate.

X(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

X(2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

[ ](3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[ ](4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (FEB 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

X(5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (JUL 2010) (Pub. L. 111-5).

[ ](6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note).

[ ](7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2012) (41 U.S.C. 2313).

[ ](8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161)

[ ](9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[ ](10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ](11) (Reserved)

[ ](12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[ ](ii) Alternate I (NOV 2011).

[ ](iii) Alternate II (NOV 2011).

[ ](13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[ ](ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[ ](14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)).

[ ](15)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4).

[ ](ii) Alternate I (OCT 2001) of 52.219-9.

[ ](iii) Alternate II (OCT 2001) of 52.219-9.

[ ](iv) Alternate III (JUL 2010) of 52.219-9.

[ ](16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[ ](17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[ ](18) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[ ](19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323)(if the offeror elects to waive the adjustment, it shall so indicate in its offer.)

[ ](ii) Alternate I (JUN 2003) of 52.219-23.

[ ](20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ](21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

[ ](22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[ ](23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)).

[ ](24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business Concerns (NOV 2011).

[ ](25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (NOV 2011).

[ ](26) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[ ](27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126).

[ ](28) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

[ ](29) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

[ ](30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

[ ](31) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

[ ](32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

[ ](33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X(34) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ](35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ](ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ](36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ](37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

[ ](ii) Alternate I (DEC 2007) of 52.223-16.

[ ](38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011). (E.O. 13513).

X(39) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d).

[ ](40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

[ ](ii) Alternate I (JAN 2004) of 52.225-3.

[ ](iii) Alternate II (JAN 2004) of 52.225-3.

[ ](41) 52.225-5, Trade Agreements (NOV 2011) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[ ](42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ](43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ](44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[ ](45) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[ ](46) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

[ ](47) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

X(48) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

[ ](49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

[ ](50) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ](51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

[ ](ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

[ ](1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

[ ](2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ](3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ](4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

[ ](5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

[ ](6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

[ ](7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247).

[ ](8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) (Reserved)

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.217-5 Evaluation of Options. (JUL 1990)

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 30 days prior to contract expiration.

52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 daysdays (60 days unless a different number of days is inserted) before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years(months)(years).

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran--Representation and Certification. (NOV 2011)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996)

(a) Definition: Services, as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may -

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may -

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

001 Agency Specific Terms and Conditions

The following agency-specific terms and conditions are hereby incorporated in full text as follows.

0401 Security and Suitability Requirements (JUN 2011)

a. Acronyms and Definitions

• Access to a facility, site, system, or information means physical access to any Social Security Administration (SSA) facility or site, logical access to any SSA information system, or access to programmatic or sensitive information.

• CO - Contracting Officer

• Contractor – In this clause, this term means any entity that has a relationship with SSA because of this contract. This term includes, but is not limited to, corporations, limited liability partnerships, and individuals.

• CPOC – Company Point of Contact as specified by the contract

• CPSPM – Center for Personnel Security and Project Management

• COTR – Contracting Officer’s Technical Representative

• Contractor Employee – In this clause, this term means a person hired by an SSA contractor to provide services in exchange for compensation.

• PIV – Personal Identity Verification

• Subcontractor – In this clause, this term means any entity that has a relationship with SSA’s contractor because of this contract. This term includes, but is not limited to, corporations, limited liability partnerships, and individuals.

• Subcontractor Employee - In this clause, this term means a person hired by a subcontractor to provide services in exchange for compensation.

• eQIP - Electronic Questionnaire for Investigations Processing

b. Purpose

This clause provides SSA’s policies and procedures concerning the conduct of background investigations (i.e. suitability determinations). The purpose of these investigations is to determine the suitability of contractors, contractor employees, subcontractors, and subcontractor employees who need access to an SSA facility, site, system, or information. If applicable, the clause also describes the process to obtain a PIV credential.

c. PIV Credentials

A PIV credential will be required for:

o Any contractor, contractor employee, subcontractor, or subcontractor employee requiring access to a SSA information system or routine, unescorted access to a SSA facility or site for a period of six months or more. (See Paragraph k. for more information.)

A PIV credential will not be required for:

o Any contractor, contractor employee, subcontractor, or subcontractor employee requiring escorted access to a SSA facility or site for less than six months.

o Any contractor, contractor employee, subcontractor, or subcontractor employee requiring infrequent escorted access to a SSA facility or site, even if the access may be longer than six months. For example, contractors or contractor employees who provide infrequent facilities/equipment maintenance or repair, conduct onsite shredding, etc.

Please Note: A background investigation is required any time a contractor, contractor employee, subcontractor, or subcontractor employee requires any type of access to a facility, site, system, or information regardless of whether a credential is required or not.

The contractor is required to include the substance of this clause in any subcontract where subcontractors and subcontractor employees will have similar access as described in the preceding paragraphs. However, the contractor is responsible for obtaining all of the required forms (see paragraphs g-i) from its subcontractors and the subcontractors’ employees, reviewing these forms, and submitting them to SSA. Subcontractors and subcontractors’ employees shall not submit forms directly to SSA.

d. Authorities

• Homeland Security Presidential Directive 12

• Office of Management and Budget Memorandum M-05-24

• The Crime Control Act of 1990, Public Law 101-647, subtitle E, as amended by Public Law 102-190 (for childcare center security requirements)

• Executive Orders 10450 and 12968 and Title 5, Code of Federal Regulations (CFR), Parts 731, 732 and 736 (for positions assigned a “National Security” designation)

e. Background Investigation and Adjudication Process The background investigation and adjudication processes are compliant with 5 CFR 731.

f. Listing of Applicants

Upon award, the CPOC will provide to SSA an applicant listing of all individuals for whom the contractor is requesting a suitability determination (i.e., background investigation). This listing should include the contractor’s name, the contract number, the CPOC’s name, the CPOC’s contact information, each applicant’s full name, each applicant’s Social Security number (SSN), each applicant’s date of birth, and each applicant’s place of birth (must show city and state if born in the United States (U.S.) OR city and country if born outside of the U.S.). The background investigation process does not start until the CPOC submits this applicant listing; therefore, the CPOC should submit the listing as soon as practical after award.

Submit the applicant listing via U.S. Mail to the address located in paragraph i. OR via fax to 410-966-0640.

g. Required Forms

1) eQIP

SSA will initiate the eQIP process using the applicant listing provided by the CPOC. SSA will email notification to the CPOC that each applicant has been invited into the eQIP website to electronically complete their background investigation form. The CPOC will provide the website to the applicants to complete their eQIP form. The applicant will have up to seven (7) calendar days to complete the eQIP form. The seven-day timeframe begins once SSA notifies the CPOC of the eQIP invitation(s). The applicant must print the signature pages of the form (pages 5 and 6 for Standard Form (SF) 85; pages 7-9 for SF 85P), sign the signature pages, and then provide the signed originals to the CPOC.

2) Paper Forms

• Two (2) Field Division-258 charts, Applicant Fingerprint Chart (The CO will provide the FD-258 charts at the time of contract award.)

NOTE: The contractor will be responsible for obtaining and providing acceptable fingerprints for use by SSA. Regardless of the method used to fingerprint contractors, contractor employees, subcontractors, or subcontractor employees, (electronic capture or ink) the only acceptable fingerprint chart is the FD-258.

• Optional Form 306, Declaration for Federal Employment http://www.opm.gov/forms/html/of.asp

• Fair Credit Reporting Act Authorization Form Federal Investigations Notice: 98-02

• Original signed and dated eQIP Signature Pages (See paragraph g.1 above)

• If the contractor, contractor employee, subcontractor or subcontractor employee is not a U.S. Citizen, the individual must provide SSA with a legible photocopy of his or her work authorization permit and Social Security card.

h. Forms Completion

The CPOC must ensure all paper forms are fully completed and signed prior to submission to SSA. The fingerprint charts and all paper forms must be legible or typed in black ink and all signatures must be in black ink. There must be no “breaks” in residences or employment. SSA requires complete addresses, including zip codes and phone numbers. SSA must receive forms within 30 days of signature and date.

SSA will return forms not fully completed to the CPOC. To ensure the forms are completed correctly, obtain a sample of a properly completed form at the following website: http://www.ssa.gov/oag/acq/Sample_Security_Requirement_Docs%20.pdf. Access information related to the eQIP process at: e-QIP - Quick Reference Guide for the Applicant.

i. Forms Submission

The CPOC shall submit one cover sheet to SSA containing the names of all of the individuals for whom the contractor is submitting completed paperwork. This cover sheet should include the contract number, each applicant’s full name, each applicant’s SSN, each applicant’s date of birth, and each applicant’s place of birth. Submit this cover sheet along with the completed paper forms and two FD-258 fingerprint charts for each applicant to:

SSA

CPSPM Suitability Team 6401 Security Boulevard Room 1260 Dunleavy Building Baltimore, MD 21235

Simultaneously, the CPOC must submit a copy of the cover sheet ONLY to the COTR.

The CPOC must submit the paper forms at least 15 days prior to the date work is to begin. For new contract employees, subcontractors, or subcontract employees (i.e., those who had not previously received a suitability determination under this contract) who will need access to a SSA facility, site, information, or system, the contractor must submit these forms at least 15 days prior to beginning work under the contract.

j. Suitability Determination

A Federal Bureau of Investigation fingerprint check will be used as part of the basis for making a suitability determination. This determination is final unless information obtained during the remainder of the full background investigation, conducted by the Office of Personnel Management, is such that SSA would find the individual unsuitable to continue performing under this contract. CPSPM will notify the CPOC, COTR, and CO of the results of these determinations.

No contractor, contractor employee, subcontractor, or subcontractor employee will be allowed access to a SSA facility, site, information, or system until CPSPM has issued a favorable suitability determination for that contractor, contractor employee, subcontractor, or subcontractor employee.

A contractor is not entitled to an equitable adjustment of the contract because of an unfavorable suitability determination(s). Additionally, if SSA determines that the number or percentage of unfavorable determinations make successful contract performance unlikely, SSA may terminate the contract for cause or default.

The contractor must notify the contractor employee, subcontractor, or subcontractor employee of any unsuitable determinations as soon as possible after receipt of such a determination (see paragraph p., below, for an explanation of the appeals process).

k. Obtaining a Credential

Note: This section applies only if the contractor, contractor employee, subcontractor, or subcontractor employee will have access to a facility, site, system, or information as described in the first bullet of paragraph c.

Once the contractor, contractor employee, subcontractor, or subcontract employee receives notification of an acceptable suitability determination, but prior to beginning work under the contract, the contractor, contractor employee, subcontractor, or subcontract employee must appear at the respective Regional Security Office or at SSA Headquarters Parking and Credentialing Office to begin the credentialing process. The contractor, contractor employee, subcontractor, or subcontract employee must present the suitability determination letter and two forms of identification at this meeting. At least one of the forms of identification must be a Government-issued photo identification (ID) (please see Employment Eligibility Verification, I-9, for acceptable forms of ID). For SSA Headquarters access, a completed Form SSA-4395, Application for Access to SSA Facilities, signed by the contractor, contractor employee, subcontractor, or subcontract employee and the COTR is also required. The COTR will provide the SSA-4395 Form to the contractor, contractor employee, subcontractor, or subcontract employee when applicable.

The contractor must contact the COTR to arrange for credentialing. The COTR is responsible for scheduling an appointment for contractors, contractor employees, subcontractors, or subcontract employees to meet with the appropriate SSA Parking and Credentialing Office or Regional Security Office and obtain a credential. Once the COTR makes the appointment, the COTR must contact the contractor to inform the contractor of the credentialing appointment(s). The COTR must also arrange for the contractor, contractor employees, subcontractors, or subcontract employees to be escorted (by either the COTR or a COTR’s representative) to the appropriate credentialing office at the time of this appointment.

Credentialing appointments last approximately 15 minutes. Depending on a contractor’s scheduling needs and availabilities, contractor employees, subcontractors, or subcontract employees may be scheduled for credentialing all in one day (this process may take a few hours to complete, depending on the number of employees that need to be credentialed) or contractor employees, subcontractors, or subcontract employees may come in at separate times convenient to the individuals’ and the COTR’s schedules.

SSA Headquarters’ Parking and Credentialing Office representatives can be reached by emailing Parking.and.Credentialing@ssa.gov or calling 410/965-5910.

Regional Security Office contact information can be found in the Appendix at the end of this clause.

l. Contractors, Contractor Employees, Subcontractors, or Subcontract Employees Previously Cleared by SSA or Another Federal Agency

If a contractor, contractor employee, subcontractor, or subcontract employee previously received a suitability determination from SSA or another Federal agency, the CPOC should include this information next to the individual’s name on the initial applicant listing (see paragraph f.). CPSPM will review the information. If CPSPM determines another suitability determination is not required, it will provide a letter to the CPOC and COTR indicating the contractor, contractor employee, subcontractor, or subcontract employee was previously cleared under another Federal contract and does not need to go through the suitability determination process again.

m. Contractor Notification to Government

The contractor shall notify the COTR and CPSPM within one business day if the contractor, contractor employee, subcontractor, or subcontract employee is arrested or charged with a crime during the term of this contract, or if there is any other change in the status of the contractor, contractor employee, subcontractor, or subcontract employee (e.g., the contractor employee leaves the company; the contractor employee no longer works under the contract; the alien status of the contractor, contractor employee, subcontractor, or subcontract employee changes) that could affect the suitability determination for that individual. The contractor must provide in that notification as much detail as possible, including, but not limited to: name(s) of individual whose status has changed, contract number, the type of charge(s), if applicable, the court date, and, if available, the disposition of the charge(s).

n. Contractor Return of PIV Credential

The contractor must account for and ensure that all forms of Government-provided identification (PIV credential) issued to a contractor, contractor employee, subcontractor, or subcontract employee under this contract are returned to SSA’s Headquarters’ Parking and Credentialing Office or Regional Security Office, as appropriate, as soon as any of the following occur: when no longer needed for contract performance; upon completion of a contractor’s, contractor employee’s, subcontractor’s, or subcontract employee’s employment; or upon contract completion or termination.

o. Government Control

The Government has full control over and may grant, deny, or withhold access to a facility, site, system, or information and may remove contractors, or require the contractor to remove contractor employees, subcontractors, or require the subcontractor to remove subcontractor employees from performing under the contract for reasons related to conduct even after the individual has been found suitable to work on the contract (see paragraph q. below).

p. Appeals Process for Unsuitable Determinations

If a contractor, contractor employee, subcontractor, or subcontract employee would like clarification or wishes to appeal an unsuitable determination, his/her request must be in writing and submitted within 30 days of the date of the unsuitable determination. The contractor may not file appeals on behalf of its employees, subcontractors, or subcontract employees; rather, contractor employees, subcontractors, or subcontract employees must file their own individual appeals.

The request for clarification and/or the appeal can be emailed to SSA at dchr.ope.hspd12appeals@ssa.gov, or mailed to:

Social Security Administration Attn: CPSPM Suitability Program Officer 6401 Security Boulevard Room 1260 Dunleavy Building Baltimore, MD 21235

q. Removal From Duty

SSA may remove a contractor, or request that the contractor immediately remove or cause to be removed any contractor employee, subcontractor, or subcontract employee from working under the contract based on conduct that occurs after a favorable suitability determination. This includes temporarily removing a contract employee, subcontractor, or subcontract employee should the individual be arrested for a violation of law pending the outcome of any judicial proceedings. The contractor must comply with these requests to remove or cause to have removed any contractor employee, subcontractor, or subcontract employee. The Government's determination may be made based on, but not limited to, incidents involving the misconduct or delinquency as set forth below:

i. Violation of the Rules and Regulations Governing Public Buildings and Grounds, 41 CFR 101-20.3. This includes any local badging requirements.

ii. Neglect of duty, including sleeping while on duty; unreasonable delays or failure to carry out assigned tasks; conducting personal affairs while on duty; and refusing to cooperate in upholding the integrity of SSA's security program.

iii. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records.

iv. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting. Also, participating in disruptive activities that interfere with the normal and efficient operations of the Government.

v. Theft, vandalism, or any other criminal actions.

vi. Selling, consuming, possessing, or being under the influence of intoxicants, drugs, or substances that produce similar effects.

vii. Improper use of official authority or credentials.

viii. Unauthorized use of communications equipment or Government property.

ix. Misuse of weapon(s) or tools used in the performance of the contract.

x. Unauthorized access to areas not required for the performance of the contract.

xi. Unauthorized access to employees' personal property.

xii. Violation of security procedures or regulations.

xiii. Prior determination by SSA or other Federal agency that a contractor, contractor employee, subcontractor, or subcontract employee was unsuitable.

xiv. Unauthorized access to, or disclosure of, agency programmatic or sensitive information, or Internal Revenue Service Tax Return information.

xv. Unauthorized access to an agency Automated Information System.

xvi. Unauthorized access of information for personal gain (including, but not limited to, monetary gain), or with malicious intent.

xvii. Not providing for the confidentiality of and protection from disclosure of information entrusted to them. Certain provisions of the following statutes and regulations that apply to Federal employees also apply equally to contractors, contractor employees, subcontractors, and subcontract employees:

•The Privacy Act of 1974
•The Tax Reform Act of 1976 and the Taxpayer Browsing Protection Act of 1997
•SSA regulation 1
•The Computer Fraud and Abuse Act of 1986
•Section 1106 of the Social Security Act

xviii. Being under…

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