TFSAFSA15Q0013_.pdf
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- LogiSon Sound Masking Equipment, Installation, Demolition and/or Reconfiguration of existing sound masking
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- TFSAFSA15Q0013_
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The Bureau of the Fiscal Service (Fiscal Service) on behalf of the Office of Management Services (OMS) is issuing this 100 small business set-aside solicitation under NAICS Code 335313 for a Contractor to provide LogiSon Sound Masking Equipment Installation Demolition and/or Reconfiguration of existing sound masking systems on a Nationwide basis.
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Department of the Treasury Bureau of the Fiscal Service Parkersburg, WV 26106
Lead. Transform. Deliver.
April 2, 2015
Dear Potential Offeror:
The Bureau of the Fiscal Service (Fiscal Service), hereby releases solicitation TFSAFSA15Q0013.
This acquisition will be awarded as a 100% Small Business set-aside. While you are encouraged to review the entire solicitation, Offerors should become particularly familiar with the following sections:
1. Performance Work Statement - provides important background information and describes the services to be procured.
2. Instructions to Offerors and Evaluation – describes the proposal preparation and evaluation process. Instructions regarding the submission of proposals should be adhered to absolutely.
Offerors are cautioned not to discuss this solicitation with anyone other than the Contract Specialist or the Contracting Officer.
This requirement will be a 100% set-aside for Small Business vendors. The Brand Name JOFOC for LogiSon equipment is attached.
It is the Offeror’s responsibility to confirm timely receipt of their proposal.
A site visit for the First Task Order for the Birmingham, AL location will be conducted Wednesday, April 8, 2015 starting at 9:00 AM ET at the address stated in Section 5 of the Task 1 PWS. Offerors should confirm via email to purchasing@fiscal.treasury.gov.gov and reference “RFQ-TFSAFSA15Q0013; G.W. / A.Z" their intent to participate in the site visit no later than Tuesday April 7, 2015 by 12:00PM ET. All interested Offerors are highly encouraged to attend.
The contractor shall submit all questions in writing. The contractor shall submit questions to purchasing@fiscal.treasury.gov, and reference “RFQ-TFSAFSA15Q0013; G.W. / A.Z" in the subject line, no later than Monday, April 13, 2015 at 12:00 PM ET. A representative will be available to guide the site visit / tour, but will not be answering any technical questions.
Proposals must be submitted electronically to purchasing@fiscal.treasury.gov, and reference TFSAFSA15Q0013; G.W. / A.Z." in the subject line on or before 12PM (NOON) ET, Monday April 20, 2015.
We appreciate your interest in participating in this procurement and look forward to receiving your proposal.
04/02/2015
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: https://www.acquisition.gov/far/
52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (DEC 2014)
ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (DEC 2014)
1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)
(a) Definitions. As used in this clause—
(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support is available at www.ipp.gov or any successor site.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.
(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.
PAYMENT AND INVOICE QUESTIONS
For payment and invoice questions, go to https://www.ipp.gov or contact the Accounting Services Division at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.
OVERPAYMENTS
In accordance with 52.212-4 section (i) 5 Overpayments: Accounts Receivable Conversion of Check Payments to electronic funds transfer (EFT): If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an EFT. This means the Government will copy the check and use the account information on it to electronically debit the Contractor's account for the amount of the check. The debit from the Contractor's account will usually occur within 24 hours and will be shown on the regular account statement.
The Contractor will not receive the original check back. The Government shall destroy the Contractor's original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.
MARKING OF SHIPMENTS
The Contractor shall ensure the contract number is clearly visible on all shipping/service documents, containers, and invoices.
1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY (APR 2015)
(a) The COR(s) are named on the award form SF-1449. Should a change to the COR(s) be necessary in the future, they will be named on the modification SF-30.
(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.
(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:
RFQ-TFSAFSA15Q0013 Page 3
(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;
(2) Constitutes a change as defined in the clause entitled “Changes”;
(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;
(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;
(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or
(6) Directs, supervises or otherwise controls the actions of the contractor's employees.
(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.
(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.
(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”
1052.210-70 CONTRACTOR PUBLICITY (APR 2015)
The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered during the evaluation of past performance.
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.
1052.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-00003) (MAR2015)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.
RFQ-TFSAFSA15Q0013 Page 4
Personnel Security and Suitability Requirements for Contractors and Subcontractors
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) 15-021.
(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 account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee’s employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
THE BUREAU OF FISCAL SERVICE (BFS) ADDENDUM TO AB NO. 05-12R1
PERSONNEL SECURITY AND SUITABILITY REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS
This contract was evaluated as "Low Risk." Performance of this contract requires contractor and subcontractor personnel have a National Agency Check w/ Inquiries (NACI) level background investigation initiated, and a favorable FBI fingerprint check completed before being allowed unsupervised logical or physical access to Government facilities or IT systems and information. A Federal Government issued personnel identification card must be issued before unsupervised physical access to a government facility or logical access to Government IT system or information is permitted. The Contracting Officer Representative (COR) will be the sponsoring official and will coordinate with Personnel Security to arrange the background investigation and credentialing process.
At least two weeks before start of contract performance, the Contractor will identify all contractor and subcontractor personnel who will require physical and/or logical access for the performance of work under this contract. Identified contractor and subcontractor personnel will complete and return the below listed documents to the COR. The Contractor must make all contractor and subcontractor personnel available at the place and time specified by the COR in order to initiate the credentialing process.
• OF 306 (fillable forms available at http://www.opm.gov/forms/html/of.asp)
A National Agency Check w/ Inquiries (NACI) investigation, which satisfies HSPD-12 background investigation requirements, will be completed for the applicable contractor and subcontractor personnel. This process provides the government with a means to positively identify and make a suitability determination regarding the applicant under this contract.
All contractor and subcontractor personnel working under this contract will be either US citizens or possess Legal Permanent Resident Alien (LPRA) status. Naturalized US citizens will be required to provide an original Naturalization Certificate or US Passport to verify their status. Legal Permanent Resident Aliens will be required to provide their original I-551, Alien Registration Card, issued by the US Immigration and Naturalization Service.
Contractor and subcontractor personnel are required to give full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials. The Government's investigative personnel may contact the contractor and subcontractor personnel being screened or investigated in person, by telephone, or in writing. The contractor will ensure that all contractor and subcontractor personnel are available for such contact and that timely responses to investigative requests are provided.
RFQ-TFSAFSA15Q0013 Page 5
Alternatively, if it is verified that an individual is already vetted by another agency at the appropriate level of background investigation, and the investigation was completed less than five (5) years prior to the start of the contractor's initial logical/physical access date, then further investigation may not be necessary. If this is applicable, provide the COR with the name of the agency that conducted the investigation and completion date, if known.
If at any point during this process investigative results are unfavorably adjudicated, the individual will be denied further admittance to work on the contract, including both physical and/or logical access. In the event of a disagreement between the Contractor and the Government concerning the suitability of an individual to perform work under this contract, the Government shall have the right of final determination.
During performance of the contract, the Contractor will keep the COR apprised of any changes in personnel to ensure that work performance is not delayed by compliance with credentialing process. Identification cards that are lost, damaged, or stolen must be reported to the COR and Issuing Office within 18 hours. Replacement will be at the Contractor's expense. If re-issuance of expired credentials is needed, it will be coordinated through the COR.
At the end of the contract performance, or when a contractor employee is no longer working under this contract, the contractor will ensure that all identification cards are returned to the COR. If the contractor does not return all identification cards then last payment may be withheld.
This requirement must be incorporated into any subcontracts that require subcontractor personnel to have regular and routine unsupervised physical access to a federally controlled facility for six (6) months or more, or any unsupervised logical access to a federally controlled information system.
Physical Access: Is the ability to enter a federally owned facility or federally leased space:
Physical access requirements will be determined upon completion of a sensitivity determination of the contract by Personnel Security.
Logical Access: Ability to access federal IT systems or databases – applies to everyone regardless of how long access is required and whether within a federal facility or by remote connectivity.
52.216-18 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued referencing award.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than TBD at award, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of TBD at award ;
(2) Any order for a combination of items in excess of TBD at award ; or
(3) A series of orders from the same ordering office within TBD at award days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the
Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within TBD at award days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
RFQ-TFSAFSA15Q0013 Page 6
52.216-22 INDEFINITE QUANTITY (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 9/30/2019.
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 before 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 before contract expiration; 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 60 months.
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(1) Any such clause is unenforceable against the Government.
(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulation and procedures.
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)
(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
RFQ-TFSAFSA15Q0013 Page 7
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
CONTRACT TERM
The period of performance for this procurement is a base period of date of award through September 30, 2015 and four 12-month option periods.
CONTRACT MINIMUM AND MAXIMUM
(a) The minimum amount the Government is obligated to order during the term of the contract will be determined at award.
(b) The maximum amount of the contract will be determined at award.
PERFORMANCE EVALUATION
This contract is subject to a performance evaluation via The Contractor Performance Reporting System (CPARS) at www.cpars.csd.disa.mil. Following the end of each contract period and at contract completion, a completed Government evaluation shall be forwarded to the Contractor. The Contractor may submit written comments, if any, within the time period specified in the evaluation transmittal. The Contractor’s comments shall be considered in the issuance of the final evaluation document. Any disagreement between the parties regarding the evaluation shall be forwarded to the Contracting Officer’s Team Lead The final evaluation of the Contractor’s performance is the decision of the Contracting Agency. A copy of the final performance evaluation report will be sent to the Contractor and to the Government’s past performance database at www.ppirs.gov.
RFQ-TFSAFSA15Q0013 Page 8
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAR 2015)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(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)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(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. 4704 and 10 U.S.C. 2402).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
(Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
___ (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).
_x__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L.
109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
_x__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).
___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
___ (ii) Alternate I (Nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
___ (ii) Alternate I (Jan 2011) of 52.219-4.
___ (13) [Reserved] _x__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (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__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
___ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
RFQ-TFSAFSA15Q0013 Page 9
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
_x__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
_x_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755) _x__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).
_x__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
_x__ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
_x__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
_x__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
_x__ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
_x_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (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)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-13.
__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).
__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_x_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.
13513).
__ (41) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).
_x_ (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112- 43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
__ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_x_ (44) 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).
__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
RFQ-TFSAFSA15Q0013 Page 10
__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_x_ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (54)(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.]
_x__ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).
_x__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_x__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).
___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).
___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
___ (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order 13658).
(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.
Occupation Code Title Rate 30081 Engineering Technician 15.74 23160 Electrician, Maintenance 20.18 23181 Electrician Technical Maintenance 21.06
RFQ-TFSAFSA15Q0013 Page 11
(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) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
(viii) 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.
(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(x) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).
__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.
chapter 67.)
(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.
1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xvi) 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.
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658).
(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.
Attachments – IDIQ PWS
Attachment A – Product Price List Attachment B – Price Per Hub Sheet
Wage Determination – WD 05-2003 NO 2005-2003 (Rev.-16) Revision Date 12/22/14 (AL) Wage Determination – WD 05-2103 NO 2005-2103 (Rev.-15) Revision Date 12/30/14 (DC &
MD)
Wage Determination – WD 05-2307 NO 2005-2307 (Rev.-16) Revision Date 12/22/14 (MO) Wage Determination – WD 05-2449 NO 2005-2449 (Rev.-15) Revision Date 12/22/14 (PA)
Wage Determination – WD 05-2515 NO 2005-2515 (Rev.-17) Revision Date 12/30/14 (TX) Wage Determination – WD 05-2373 NO 2005-2573 (Rev.-18) Revision Date 12/22/14 (WV) IPP Waiver Form
Task 1 PWS
Task 1 Design Task 1 Price List White Noise JOFOC for Solicitation
RFQ-TFSAFSA15Q0013 Page 12
PERFORMANCE WORK STATEMENT
NATIONWIDE LOGISON SOUND MASKING EQUIPMENT,
INSTALLATION, DEMOLITION, & RECONFIGURATION
BUREAU OF THE FISCAL SERVICE
1.0 OVERVIEW / BACKGROUND
The mission of the Bureau of the Fiscal Service (Fiscal Service), an agency of United States Department of the Treasury, is to promote the financial integrity and operational efficiency of the Federal Government through exceptional accounting, financing, collections, payments and shared services.
2.0 OBJECTIVE / PURPOSE
The Bureau of the Fiscal Service has an ongoing requirement for a Contractor to provide LogiSon sound masking equipment, installation, demolition and/or reconfiguration of existing sound masking systems on a Nationwide basis.
Locations that are currently in need of these services are, but not limited to, Austin TX, Birmingham AL, Kansas City MO, Parkersburg WV, Philadelphia PA, Hyattsville MD, Prince George County MD and Washington DC.
The objective of this Performance Work Statement (PWS) is purchase sound masking installation; demolition and / or reconfiguration of existing sound masking systems and equipment on an IDIQ Contract.
3.0 SCOPE OF WORK / DELIVERABLES
Will be defined at the task order level.
4.0 PERIOD OF PERFORMANCE
The planned period of performance is for a base period of Date of Award through 9/30/2015 and four 12-month option periods.
5.0 PLACE OF PERFORMANCE
Will be defined at the task order level.
6.0 ACQUISITION TYPE
This requirement will result in a five year indefinite delivery/indefinite quantity (IDIQ) award with firm fixed unit pricing.
The Offeror shall provide a firm fixed-price product price list and a firm fixed-price level of effort price list for installation and tuning. For the installation proposal the contractor shall propose multiple firm fixed-priced levels of efforts and clearly define each level of effort and Contractor shall propose hourly rates for anything not contained or defined within the level of efforts. The IDIQ shall be all-inclusive of travel costs in accordance with the Federal Travel Regulations, and will be determined at the time of award.
7.0 WORKMANSHIP
The Contractor shall be responsible for field verification of all measurements. The Government will not be responsible for any error or variation in the measurements listed on the diagrams provided at the Task Order level, nor shall the Contractor, because of an error in variation of the measurements listed herein, be relieved of his responsibility to carry out the contract in accordance with the true intent and meaning of the specifications without additional cost to the Government. The work shall be performed in accordance with the best practices of the trade, the work shall be of first quality, and the work shall meet all applicable codes and regulations.
The Contractor shall remove all debris and trash from the building and grounds on a daily basis during installation and demolition.
The Contractor shall use precautions to protect Government property from damage due to work performed under this contract. The Contractor shall, at no additional cost to the Government, correct any damage caused by work performed under this contract.
RFQ-TFSAFSA15Q0013 Page 13
All work shall be executed in a diligent and workman-like manner in accordance with specifications and local, state, and federal building codes (“applicable codes”).
The Contractor shall provide all labor, materials, equipment, tools, and supervision necessary to perform the tasks described.
8.0 SUPERVISION & INSPECTION
The Contractor shall furnish proper supervision on the job to ensure that all work performed under this contract meets a level of quality acceptable to the Government.
The COR will inspect the work as it progresses and upon completion. Any work found to be unsatisfactory by the COR shall be promptly corrected and made acceptable to the COR at no additional cost to the Government.
9.0 CONTRACTOR RESPONSIBILITIES AND LIABILITY
The Contractor shall assume full responsibility and liability for compliance with all applicable regulations regarding the health and safety of personnel during the execution of work performed under this contract.
The Contractor shall hold the Government harmless thereof for any action of the Contractor or the Contractor’s employees or subcontractor which results in illness, injury, or death.
The Contractor shall be fully liable for repair or replacement of any finished surfaces, utilities, equipment, landscapes, grounds, building structures and/or parts of structures, and building contents which are damaged or cut into by the Contractor’s employees or subcontractors performing work under this contract. The Contractor shall replace any damaged or dirty ceiling tiles involved in the work described in the Task orders. Any items removed by the Contractor to be reinstalled shall be stored by the Contractor, free from damage, until reinstalled at no cost to the Government.
10.0 SAFETY
The Contractor shall take all necessary and reasonable precautions to prevent injury to his employees, the public, the building occupants, and to prevent damage to all property. For the purposes of this contract, the public and building occupants shall include all persons not employed by the Contractor or subcontractor working under the Contractor’s direction.
The Contractor shall not store, position, or use equipment, tools, and materials in a manner likely to present a hazard to the public or building occupants.
11.0 INTERFERENCE WITH BUSINESS
The Contractor shall consult with the COR as to the manner, scheduling, and starting of the work, so that interference with Government business is minimized. The work hours shall be determined by the COR per task order of the IDIQ contract. The work shall be carried out in such a manner that there will be no interruption to, or interference with, the proper execution of Government business.
12.0 SECURITY CLEARANCE REQUIREMENTS
The Contractor, subcontractor, and support personnel shall be subject to the current personnel security requirements of the Government. Personnel not possessing the necessary security investigation are subject to a security screening, background investigation, and completion of the PIV (Personal Identity Verification) process according to the Federal Information Processing Standards 201. Entry and removal of construction materials shall be coordinated with Fiscal Service security personnel. Tools and materials may be stored on-site during construction.
This contract was evaluated by Bureau Personnel Security as "Limited Risk" and does not meet the HSPD-12 duration requirement nor does it meet the investigative requirements. The HSPD-12 credentialing process/background investigation process is not applicable to the Contractor personnel working on this contract. No action is needed at this point by any of the Contractors.
If it is further determined that accessed government information warrants a higher sensitivity, then a higher level background investigation will be conducted.
RFQ-TFSAFSA15Q0013 Page 14
During performance of the contract, the Contractor will keep the COR apprised of any changes in personnel to ensure that work performance is not delayed by compliance with credentialing process.
13.0 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)
During contract performance, the COR may evaluate the skills of any or all Contractor personnel in the following manner:
a. Monitor the task to review and confirm the skills of any or all personnel. The personnel’s skills will be evaluated using the following criteria:
i. Knowledge of system alteration
ii. Ability to meet the objective of the task
iii. Progress of the work
iv. Acceptability of work performed
v. Completion of work
vi. Compliance with application regulations for health and safety
b. Assess the Contractor’s overall performance and effectiveness
If the Government's evaluation identifies quality or qualification problems, the Contractor shall be fully liable for repair, replacement, and correction of any damage to the building and its contents which are caused by the Contractor’s employees or subcontractors performing work. The Government will notify the Contractor within seven (7) calendar days of such problems. At the Government’s discretion, either (1) the Contractor shall repair, replace, and/or correct any damage at no additional cost to the Government, or (2) the Contractor shall be asked to reduce the price of the contract, or (3) the IDIQ may be terminated for cause.
RFQ-TFSAFSA15Q0013…
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