SSA-RFQ-10-1271-v5.doc

SSA-RFQ-10-1271

TABLE OF CONTENTS

PART I –

Addenda to Standard Form 1449……………………………………………6

SECTION A – PRICES/COSTS

Location A- Security Records Center, Boyers, PA

Section A-1 -- Base Year Price

Section A-3 -- Option Year I Price

Section A-5 -- Option Year II Price

Location B-Metro West Building-Baltimore, MD

Section A-2 -- Base Year Price

Section A-4 -- Option Year I Price

Section A-6 -- Option Year II Price

SECTION B – DESCRIPTION OF SUPPLIES OR SERVICES

PART II – CONTRACT CLAUSES AND TERMS AND CONDITIONS

SECTION C- ADDENDEUM TO FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS C-1

SUPPLEMENT TO PARAGRAPHS IN 52.212-4

C-2

ADDITIONAL FAR CLAUSES INCORPORATED BY REFERENCE

C-3

FAR CLAUSES INCORPORATED BY FULL TEXT

C-4

ADDITIONAL AGENCY SPECIFIC TERMS AND CONDITIONS

SECTION D – CONTRACT TERMS AND CONDITIONS REQUIRED

TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS

D-1

FAR 52-212-5 CONTRACT TERMS AND CONDITIONS REQUIRES TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (APR 2010)

PART III – CONTRACT DOCUMENTS, EXHIBITS, ATTACHMENTS

SECTION E- CONTRACT DOCUMENTS, EXHIBITS, ATTACHMENTS

E-1

HARDWARE INVENTORY

PART IV -- SOLICITATION PROVISIONS

SECTION F – ADDENDUM TO FAR PROVISION 52.212-1, INSTRUCTIONS TO OFFERORS --COMMERCIAL ITEMS (JUN 2008) F-1 Revisions to Paragraphs in 52.212-1

F-2 Additional FAR Provisions Incorporated by Reference F-3 Additional FAR Provisions Incorporated by Full Text F-4 Additional Agency Specific Provisions SECTION G – ADDENDUM TO FAR PROVISION 52.212-2, EVALUATION -- COMMERCIAL ITEMS (JAN 1999)

SECTION H—FAR PROVISION 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (AUG 2009)

PART I - ADDENDUM TO STANDARD FORM 1449

In accordance with Federal Acquisition Regulation (FAR) 12.302 and 12.303, this Part I contains addenda to the Standard Form 1449. The addenda provide for the continuation of the schedule and description of the supplies and services to be acquired.

SECTION A-PRICES/COSTS

Section A-Basis of Price

The price includes all parts, labor and travel for two (2) preventive maintenance visits and unlimited remedial service calls as outlined in Section B. All equipment listed in the Hardware Inventory in Section E is covered as a result of this contract.

A-1 Base Year (06/18/2010 through 06/17/2011) Line Item 1

Location A: Security Records Center, 1137 Brachton Road, Boyers, PA 16020

Line Item 2

Location B: Metro West Building, 300 N. Greene Street, Baltimore, MD 21290

A-2 Option Year I (06/18/2011 through 06/17/2012) Line Item 3

Location A: Security Records Center, 1137 Brachton Road, Boyers, PA 16020

Line Item 4

A-5 Option Year II (06/18/2012 through 06/17/2013) Line Item 5 Location A: Security Records Center, 1137 Brachton Road, Boyers, PA 16020

Line Item 6

SECTION B-DESCRIPTIONS OF SUPPLIES OR SERVICES

Location A:

Maintenance and Repair of Government Owned Canon Equipment Located at the Social Security Administration’s Security Records Center in Boyers, Pennsylvania Location B:

Maintenance and Repair of Government Owned Canon Equipment Located at the Social Security Administration’s Metro West Facility in Baltimore, Maryland

Contractor shall provide preventive maintenance on all equipment two (2) times per year at six (6) month intervals.

Contractor shall respond to requests for corrective (repair) service within 16 business hours, during Principal Period of Maintenance (PPM) as follows: Monday through Friday: 8:00 am – 4:30 pm, excluding Federal holidays.

Contractor shall provide all parts (excluding expendable and/or consumable parts listed below), labor, and travel for unlimited remedial service calls during the PPM and preventive maintenance (PM).

Service does not include the refinishing or replacement of external cosmetic parts, including chassis, housing, cabinets or cabinet parts.

All technicians shall be Canon certified. All exchanged parts and components shall be new or perform substantially similar to new parts and components.

Excluded Expendable and/or Consumable Parts:

Chemicals and supplies, including but not limited to, ink, toner, toner cartridges, developers, ribbons, drums, maintenance kits, certain fuser and heater rollers, blankets, covers, removable magnetic media, solvents hydraulic oils, lubricants, plates, wicks, sponges, lamps, knives, mirrors and other glass items.

Corrective Maintenance Calls

The Contractor shall provide corrective (repair) maintenance service to the government at no additional costs. The goal of corrective maintenance is for the Contractor to repair the equipment and get it back in working order within two business days of the service call.

Equipment Overhauls In the event the equipment requires repairs due to use beyond the limits of the manufacturer’s specifications, excessive wear and tear, age, long-term use, excessive use or other similar causes, an overhaul, as determined by the contractor, may be required. Said overhauls are not included in the price. In such event an estimate of repairs shall be submitted by the contractor. The contractor shall not perform overhauls unless and until authorized by SSA.

An equipment inventory listing is provided as attachment E-1.

PART II – CONTRACT CLAUSES AND TERMS AND CONDITIONS

SECTION C – Addendum to FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS, COMMERCIAL ITEMS (MAR 2009)

Section C-1 -- Addendum to Paragraphs in 52.212-4

Section C-2 -- Additional FAR Clauses Incorporated By Reference

52.252-2 Clauses Incorporated by Reference

52.237-2 Protection of Government Buildings Equipment, and

Vegetation

52.203-3 Gratuities

52.233-4 Applicable Law for Breach of Contract Claim

Section C-3 -- Additional FAR Clauses Incorporated by Full Text

C-3.1 - 52.217-8 Option to Extend Services

C-3.2 - 52.217-9 Option to Extend the Term of the Contract

C-3.3 - 52.222-48 Exemption from Application of Service Contract Act Provisions--Contractor Certification Section C-4 -- Additional Agency-Specific Terms and Conditions

C-4.1 - Contract Administration

C-4.2 - Designation of Government Contract Specialist

C-4.3 - Designation of Government COTR C-4.4 - Technical Direction

C-4.5 - Security Clearance Requirements

C-4.6 - Security Requirements

C-4.7 - Federal Information Security Management Act (FISMA) and

Agency Privacy Management

C-4.8 - Period of Performance

C-4.9 – National Institute of Health (NIH) Contractor Performance System

Information Section D – 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. (APR 2010) Section C – Addendum to FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items (MAR 2009) In accordance with FAR 12.301 and 12.302, the clause at 52.212-4 is incorporated by reference.

Section C-1 – Addendum to Paragraphs in 52.212-4 In accordance with FAR 12.301(f), FAR clause 52.212-4(g) Invoice is supplemented as follows:

(g) Invoice Submission and Payment Related Information

You may submit your invoice, electronically via email, by regular mail, or by hand carrying it to the Office of Finance at the addresses below. Your invoice must include all of the elements of a proper invoice as defined in the invoice or payment clause used in this award as well as any other information required below or in the contract.

SENDING THE INVOICE ELECTRONICALLY:

Submit your invoice either as an attachment to an email message, or within the message itself, to: OFPO.OF.DAP.INVOICES@ssa.gov.

FOR INVOICES NOT SUBMITTED ELECTRONICALLY:

Submit an original and three (3) copies of the invoice to:

If sent by mail:

Social Security Administration

Office of Finance

Post Office Box 47

Baltimore, Maryland 21235-0047

If Hand Carried:

Social Security Administration

Office of Finance

Customer Service Help Desk

2-B-4 East Low Rise Building

6401 Security Boulevard

Baltimore, Maryland 21235-0047

The telephone number of the customer service help desk is (410) 965-0607.

· TAXPAYER IDENTIFICATION NUMBER (TIN) AND DUN&BRADSTREET NUMBER (DUNS):

In order to assist the government in making timely payments, please include your TIN, your DUNS#, and the Order Number on each invoice.

· SUBMISSION OF ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION AND REMITTANCE INFORMATION:

The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database.

Remittance information associated with EFT payments is now available via the Payment Advice Internet Delivery (PAID) System on the Department of Treasury's Internet site at http://fms.treas.gov/paid/index.asp. This site provides an explanation of the system, how it works, security and access information, a user demonstration, and registration information. There is no charge to use the PAID system.

You may also direct payment inquiries to SSA's Office of Finance by using its Financial Interactive Voice Response System (FIVR). FIVR is an automated self-service telephone system available 24 hours a day that allows direct electronic access to administrative payment information using the telephone keypad. You can access FIVR by calling (410) 965-0607. The services available through FIVR will be available through a Telecommunications Device for the Deaf (TDD) Line at 410-597-1395. Customer Service Representatives will be available to answer vendor payment inquiries Monday - Friday, between 8 a.m. and 4:30 p.m. Eastern Time.

You may also address any payment inquiries to SSA's Office of Finance by sending an email to payment.inquiries@ssa.gov, or visiting its internet site at http://www.ssa.gov/vendor/contact.htm. You can also access the PAID system through a link on this site.

Section C-2 – Additional FAR Clauses Incorporated By Reference

FAR Clause 52.252-2 – Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address http://www.arnet.gov.

52.237-2 Protection of Government Buildings

(APR 1984)

Equipment and Vegetation

52.203-3 Gratuities

(APR 1984)

52.233-4 Applicable Law for Breach of Contract Claim

(OCT 2004)

Section C-3 – Additional FAR Clauses Incorporated By Full Text

The following FAR clauses are hereby incorporated into this solicitation/contract by full text as follows:

C-3.1 - 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 any time prior to expiration of the contract.

C-3.2 - 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 prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days 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 3 years.

C-3.3 - 52.222-48 Exemption from Application of Service Contract Act Provisions-- Contractor Certification. (FEB 2009)

(a) The offeror shall check the following certification:

Certification

The offeror __ does __does not certify that—

(1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations;

(2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.

(i) An “established catalog price” is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.

(ii) An “established market price” is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and

(3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Act—

(1) Will not apply to this offeror, then the Service Contract Act of 1965 clause in this solicitation will not be included in any resultant contract to this offeror; or

(2) Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis.

(c) If the offeror does not certify to the conditions in paragraph (a) of this provision—

(1) The clause in this solicitation at 52.222-51, Exemption from

Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements, will not be included in any resultant contract awarded to this offeror; and

(2) The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation.

(d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.

(End of provision) Section C-4 – Additional Agency-Specific Terms and Conditions

The following agency-specific terms and conditions are hereby incorporated into this solicitation/contract by full text as follows.

C-4.1 - Contract Administration The contractor's representative responsible for handling contract administration is:

NAME TITLE TELEPHONE NUMBER ADDRESS ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

C-4.2 - Designation of Government Contract Specialist

Ted King, Contract Specialist, Division of Operations Contracts, has been assigned to administer the contractual aspects of this contract. However, changes in the Scope of Work, contract price, quantity, quality or delivery schedule shall be made only by the contracting officer by a properly executed modification. All correspondence that in any way concerns the terms or conditions of this contract shall be submitted directly to the Contract Specialist at the following address:

Social Security Administration

Office of Acquisition and Grants

Attention: Ted King, Contract Specialist

7111 Security Blvd.

Baltimore, Maryland 21244-1811 Telephone Number: 410-966-0154 Fax: 410-966-9310

C-4.3 - Designation of Government Contracting Officer’s Technical Representative

(COTR)

(a) The individual(s) named below is hereby designated as the Government Contracting Officer’s Technical Representative (COTR). If an alternate COTR is also listed below, that person will serve in the COTR's stead when the COTR is unavailable. The COTR is responsible for the technical administration of this contract, in accordance with the provisions of the clause included herein entitled, "Technical Direction."

NAME

ADDRESS

COTR

TBD (to be determined)

(b) The COTR, or his/her authorized representative, shall be responsible for coordinating with the contractor the technical aspects of the contract. The COTR is not authorized to make any changes which affect the contract amount, terms or conditions. The contracting officer is the only person with the authority to act as agent of the Government under this contract. Only the contracting officer has authority to: (1) direct or negotiate any changes in the Statement of Work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

C-4.4 - Technical Direction Performance of the work under this contract shall be subject to the technical direction of the COTR. The term "technical direction" is defined to include, without limitation, the following:

(a) Directions to the contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require the pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish contractual statements of work.

(b) Provision of information to the contractor which assists in the interpretation of [drawings], specifications or technical portions of the work description.

(c) Review and, where required by contract, approval of technical reports, drawings, specifications or technical information to be delivered by the contractor to the Government under the contract.

Technical direction must be within the general scope of work stated in the contract. The COTR does not have the authority to, and may not, issue any technical direction which: (1) constitutes the assignment of any additional work outside the general scope of the contract; (2) constitutes a change as defined in the contract clause entitled, "Changes;" (3) in any manner causes an increase or decrease in the total contract cost, or time required for the contract performance or (4) changes any of the expressed terms, conditions or specifications of the contract.

All technical directions shall be issued in writing by the COTR or shall be confirmed by him/her in writing within 5 working days after issuance.

The contractor shall proceed promptly with the performance of technical directions duly issued by the COTR in the manner prescribed by this article and within his/her authority under the provisions of this article.

If, in the opinion of the contractor, any instruction or direction issued by the COTR is within one of the categories as defined in (1) through (4) above, the contractor shall not proceed, but shall notify the contracting officer, in writing, within 5 working days after receipt of any such instruction or direction and shall request the contracting officer to modify the contract accordingly. Upon receiving such notification from the contractor, the contracting officer shall issue an appropriate contract modification or advise the contractor, in writing, that, in his/her opinion, the technical direction is within the scope of this article and does not constitute a change under the "Changes" clause of the contract. The contractor shall thereupon proceed immediately with the direction given. A failure of the parties to agree upon the nature of the instruction or direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the contract clause entitled, "Disputes."

C-4.5 Security Clearance Requirements

All personnel working under the authority of this contract must have a current Level 1 – Low Risk clearance approved by SSA. Clearances granted by agencies other than SSA will be considered.

In the event any contractor personnel does not have a current, SSA accepted security clearance at the time of award of the order, those individuals must undergo an appropriate Background Check in accordance with SSA’s System Security Handbook and Suitability Procedures and the requirements of Section C- 4.7, Security and Suitability Requirements Clause, below shall apply.

C-4.6 Security Requirements

52.204-9 Personal Identity Verification of Contractor Personnel (Sep 2007)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

Security and Suitability Requirements Clause (October 2008)

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 of SSA’s information systems, or access to programmatic or sensitive information.

· CO - Contracting Officer

· CPSPM – Center for Personnel Security and Project

Management

· COTR – Contracting Officer’s Technical Representative

· PIV – Personal Identity Verification

b. Purpose

This clause provides information regarding the Social Security Administration’s (SSA) policies and procedures regarding the conduct of background investigations. The purpose of these investigations is to determine the suitability of contractor employees needing access to an SSA facility, site, system, or information. The clause also describes the process to obtain a PIV credential to gain access. The successful contractor will be required to follow the procedures set forth in this clause commencing at the time of award.

SSA requires all contractor employees to visit an SSA facility to obtain a credential after SSA has conducted and favorably adjudicated a background investigation. The COTR will inform the contractor of the location and time to obtain a credential.

This clause must be included in all subcontracts awarded by the contractor wherein subcontractor employees will have access to a facility, site, system, or information.

c. Authorities

· Homeland Security Presidential Directive 12 (HSPD-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)

d. Background Investigation and Adjudication Process

The background investigation and adjudication processes are compliant with 5 CFR 731.

e. Required Forms

All contractor employees who will have access to a facility, site, system, or information must complete and submit to SSA the following forms. Some of the forms are available electronically (see website addresses below):

· 2 Forms FD-258, Applicant Fingerprint Chart (The CO will provide the FD-258 forms at the time of the 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 employees

(electronic capture or ink) the only acceptable fingerprint card is the FD-258.

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

· Fair Credit Reporting Act (FCRA) Authorization Form http://www.opm.gov/extra/investigate/fin-1998/fin9802.asp

· If the employee is not a U.S. Citizen, the employee must provide SSA with a legible photocopy of his or her work authorization permit and social security card.

In addition to the forms above, every employee who will have access to a facility, site, system, or information must complete and submit ONE of the following forms:

· Standard Form (SF) 85 for risk level 1 (Public Trust, Low Risk/Non-Sensitive) http://www.opm.gov/forms/html/sf.asp

· Standard Form (SF) 85P for sensitivity levels 5 or 6

(Public Trust, Moderate or High Risk), http://www.opm.gov/forms/html/sf.asp

· Standard Form (SF) 86 for sensitivity levels 2, 3 or 4 (National Security, Non-Critical, Critical –Sensitive or Special Sensitive), http://www.opm.gov/forms/html/sf.asp The risk designation associated with the work that the particular individual will be performing will determine which form the individual must complete. For this contract, the following risk designation(s) apply:

Labor Category Risk Designation

All Employees

1 - Low Risk

f. Forms Completion

The contractor must ensure that all forms are fully completed and signed prior to submission to SSA. The contractor must ensure that the fingerprint charts and all forms are printed legibly or typed in black ink and all signatures are in black ink. The contractor must also ensure there are no “breaks” in residences or employment. SSA requires complete addresses, including zip codes and phone numbers.

g. Forms Submission

The contractor shall submit a cover sheet, including the contract number, name, and social security number of all contract employees for whom they are requesting a suitability determination, along with completed forms and one FD-258 fingerprint chart to:

SSA

CPSPM Security and Suitability Team

6401 Security Boulevard

Room 1260 Dunleavy Building

Baltimore, MD 21235

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

The contractor must submit these forms at least 15 days prior to the date work is to begin. For new contract employees who will need access to an SSA facility, site, information, or system, the contractor must submit these forms at least 15 days prior to beginning work under the contract.

h. Preliminary Suitability Determination

A Federal Bureau of Investigation fingerprint check will be used as part of the basis for making a preliminary suitability determination. If SSA makes a favorable preliminary suitability determination, the individual may perform under the contract pending SSA’s final suitability determination. CPSPM will notify contractors, with carbon copy (cc) notifications sent to both the COTR and CO, of the results of these determinations.

SSA requires each contractor employee who will have access to a facility, site, system, or information to present two forms of identification after the contractor employee receives notification of a preliminary suitability determination but prior to beginning work under the contract. In order for SSA to continue the background investigation process and enroll the contractor employee in the PIV credentialing process, at least one of the forms of identification must be a Government-issued photo ID (please see Employment Eligibility Verification, I-9, for acceptable forms of ID).

i. Final Suitability Determination

Final suitability determinations are made in approximately 45-90 business days after submittal of the completed forms to CPSPM. If CPSPM determines that any employee is unsuitable, the COTR, CO, and contractor will be notified and SSA will revoke the employee’s physical and logical access. The contractor must confirm receipt of the revocation within one business day.

A contractor is not entitled to an equitable adjustment of the contract as a result of SSA making an unfavorable suitability determination on contractor employees. 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.

j. Exceptions

The COTR may request an exception to the normal background investigation process for emergency situations when access to a facility or site is needed, but where access to information systems or programmatic information is not required. This request must be directed to CPSPM.

COTRs may request an exception by sending an email to dchr.ope.hspd12appeals@ssa.gov. If CPSPM grants temporary access, that temporary access will apply only for the period specified by CPSPM and only for the specific contract employee(s) identified by the COTR.

CPSPM expects that it will rarely grant exceptions.

k. Contractor Notification to Government

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

l. Government Control

The Government has full control over and may grant, deny, or withhold access to a facility, site, system, or information and may require the COTR and contractor to remove personnel 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 n., below).

m. Appeals Process for Unsuitable Determinations

The contractor must notify the employee of any unsuitable determinations as soon as possible after receipt of such a determination. If the employee would like clarification or wish 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 request can be emailed to SSA at dchr.ope.hspd 12 appeals@ssa.gov, or mailed to:

Social Security Administration

Attn: CPSPM Suitability Program Officer

6401 Security Boulevard

Room 1260 Dunleavy Building

Baltimore, MD 21235

n. Removal From Duty

SSA may request that the contractor immediately remove any contractor employee(s) from working under the contract based on conduct that occurs after a pre-screening approval or favorable suitability determination. The contractor must comply with these requests. 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 Code of Federal Regulations

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, which interfere with the normal and efficient operations of the Government.

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

vi. Selling, consuming, possession of, or being under the influence of intoxicants, drugs, or substances which 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 this 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's employee was unsuitable.

xiv. Unauthorized access to, or disclosure of, agency programmatic or sensitive information, or IRS 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. Contractor personnel are considered the same as Federal employees for the purposes of applying certain provisions of:

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; and

Section 1106 of the Social Security Act.

C-4.7 Federal Information Security Management Act (FISMA) and Agency Privacy Management (OCT 2008)

1. Definitions

The following terms are defined for the purposes of this clause:

“Agency” means the Social Security Administration (SSA).

“OAG” means the Office of Acquisition and Grants at SSA.

2. Agency Responsibility related to FISMA Training Requirements

The Federal Information Security Management Act of 2002 (FISMA) (Title III, Pub. L. No. 107-347) and the Office of Management and Budget (OMB) policy (through Circular A-130, Appendix III) require that all Agency employees, as well as contractor and subcontractor employees working under Agency service contacts, receive periodic training in computer security awareness and accepted computer security practice of all employees, including contractors. This includes training for contractor personnel who do not have access to electronic information systems. The training level is tailored to the risk and magnitude of harm related to the required activities.

SSA’s Security Awareness bulletin adequately covers the required IT security and privacy awareness training for this contract. The bulletin is located on OAG’s internet site (see information in Paragraph 3 below). This training does not preclude any additional training specified elsewhere in this contract.

3. Contractor Responsibilities related to FISMA Training Requirements

a. Following contract award, the contractor shall ensure that all contractor employees performing under this contract have signed the security bulletin entitled “SSA Security Awareness: Contractor Personnel Security Certification.” This requirement also applies to contractor employees added to the contract after contract performance has commenced. A copy of this form is located on OAG's Internet website.

b. The contractor must receive signed copies of the bulletin from each employee working under the contract within 45 days following contract award, or within 45 days after a contractor employee begins working under the contract.

c. The contractor shall send an email to security.awareness.training@ssa.gov, with a copy to the contracting officer, within 60 days following contract award and anytime a new contractor employee is added to perform work under the contract. The contractor will include in the email the number of employees who have signed the security awareness bulletin.

d. The contractor shall retain copies of these signed bulletins for potential future SSA audits for a period of three years after final payment (per FAR 4.703).

e. For each successive year the contract is in operation, the contractor shall repeat the processes described in items 3. a. – d., above, on an annual basis. The contractor must submit the information in 3.c, above, within 60 days of: (i) the date the option was renewed, or (ii) the anniversary of the contract award date.

4. Applicability of this Clause to contractor/subcontractor employees

The contractor is required to include a clause substantially the same as this in all subcontracts awarded for technical or support services under the prime contract. This clause shall require the subcontractors to report the information listed in Paragraph 3 of this clause to the contractor and the contractor will be responsible for reporting all applicable numbers to SSA. The subcontractor shall be responsible for maintaining its signed forms as detailed in Paragraph 3.d.

C-4.8 - Period of Performance The period of performance under this contract shall be as follows for both locations:

Location A: SSA Records Center-Boyers, PA Location B: Metro West Building-Baltimore, MD One base year, from 06/18/2010 through 06/17/2011 and options to extend, if exercised, as follows: Option Year I: 06/18/2011 through 06/17/2012, and Option Year II: 06/18/2012 through 06/17/2013.

C-4.9 - National Institute of Health (NIH) Contractor Performance System Information The Social Security Administration is a subscriber to the National Institute of Health (NIH) Contractor Performance System (CPS). The CPS is a Federal, multi-agency, web-based system created to collect, maintain, and disseminate contractor performance information as required by Federal Acquisition Regulation, Subpart 42.15. The system allows contractors to access interim and final evaluations electronically for review and comment following registration in the system.

All contractors who are currently engaged in the performance of a contract within this office must register with the CPS in order to access interim and final evaluations electronically. You may register using the following website: https://cpscontractor.nih.gov. To register, simply logon and click on the "Register Here" link. This site provides instructions on how to register and offers computer-based training for contractors through the “CPS Contractor Online Training” hyperlink. There is no fee for registration or use of this system. Electronic evaluations are available to registered Contractors for review 30 days from the date the evaluation is sent. You can obtain a copy of the Contractor Performance System User Manual at http://cps.od.nih.gov/.

For those Contractors who choose not to register or are unable to register electronically, please notify your Contracting Officer of the representative designated by your firm to receive a copy of the evaluations for comment. This individual will receive copies of your organization's evaluations by regular mail services. It will be the Contractor's responsibility to ensure that the Contracting Officer receives any comments your company may have within the period identified by the Contracting Officer. Comments after the specified period will not be accepted, unless an extension is requested of the Contracting Officer and is granted.

If you have any questions regarding registering in the CPS, contact the NIH CPS Support help desk at (301) 451-2771 or send an E-mail to cps-support-l@list.nih.gov.

Section D – 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (APR 2010)

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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (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 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009) (Pub. L. 111-5).

__ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (7) [Reserved]

(8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

X (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (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.

(12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (13) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (14)(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 (June 2003) of 52.219-23.

__ (15) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (16) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

X (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

X (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

X (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

X (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

X (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

X (26) 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.)

(27)(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.)

__ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (29)(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.

(30) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

X (31)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 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.

__ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (33) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (36) 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)).

__ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (39) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (40) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

X (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (42)(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) (41 351, 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 (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of…