RFP - TIB-2011-RFP-0086.pdf

Solicitation No. TIB-2011-RFP-0086 IDIQ Duplicate & Distribute DVDs

SECTION B – SUPPLIES AND SERVICES

CLIN Description: Base Period ______________ Est. Qty Unit Unit Price__ Est. Amt__

0001 Replicate, Prepare, and Distribute DVDs 350,000 Each $_______ $_________ (Non-Postage costs) (Ref. PWS 1.2.)

FFP

0002 Postage Costs (Foreign Addresses Only) NTE USD $60,000.00 Cost Reimbursable (CR)

0003 Other Direct Costs (ODC) NTE USD $5,000.00

Base Period Total: $____________ EST

CLIN Description: Option Period 1 ___________ Est. Qty Unit Unit Price Est. Amt__

1001 Replicate, Prepare, and Distribute DVDs 250,000 Each $_______ $_________

(Ref. PWS 1.2.)

FFP

1002 Postage Costs (Foreign Addresses Only) NTE USD $40,000.00

1003 Other Direct Costs (ODC) NTE USD $4,000.00

Option Period 1 Total: $_____________ EST

CLIN Description: Option Period 2 _______________Est._Qty Unit Unit Price_ Est. Amt__

2001 Replicate, Prepare, and Distribute DVDs 250,000 Each $________ $_________

(Ref. PWS 1.2.)

FFP

2002 Postage Costs (Foreign Addresses Only) NTE USD $40,000.00 of 29 2

2003 Other Direct Costs (ODC) NTE USD $4,000.00

Option Period 2 Total: $______________ EST

CLIN Description: Option Period 3_______________Est. Qty Unit Unit Price__ Ext. Amt__

3001 Replicate, Prepare, and Distribute DVDs 250,000 Each $_______ $_________

(Ref. PWS 1.2.)

FFP

3002 Postage Costs (Foreign Addresses Only) NTE USD $40,000.00

3003 Other Direct Costs (ODC) NTE USD $4,000.00

Option Period 3 Total: $_______________ EST

CLIN Description: Option Period 4_______________Est._Qty Unit Unit Price_ Est. Amt_

4001 Replicate, Prepare, and Distribute DVDs 250,000 Each $_______ $_________

(Ref. PWS 1.2.)

FFP

4002 Postage Costs (Foreign Addresses Only) NTE USD $40,000.00

4003 Other Direct Costs (ODC) NTE USD $4,000.00

Option Period 4 Total: $_____________ EST

Total estimated IDIQ quantity: 1,350,000

Base Period Total: $______________ EST Option Period 1 Total: $______________ EST Option Period 2 Total: $______________ EST Option Period 3 Total: $______________ EST Option Period 4 Total: $______________ EST Total Award Value with Options: $_______________EST of 29 3

SECTION C – DESCRIPTIONS AND SPECIFICATIONS

See Section J for the Performance Work Statement (PWS)

SECTION D – PACKAGING AND MARKING

D-1 Preservation, packaging, packing, and marking of all deliverables shall conform to standard commercial packing standards to assure safe delivery at destinations. Also, see specific Task Orders for more specific shipping instructions.

D-2 Marking. All information submitted to the CO, the COTR, or the Office of Accounting shall clearly indicate the award number (and CLIN, if applicable) for which the information is being submitted.

SECTION E – INSTPECTION AND ACCEPTANCE

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government

SECTION F – DELIVERIES AND PERFORMANCE

F-1 Period of Performance F-1.1. Base Year: 12 Months from date of award.

Option Period 1 through Option Period 4: 12 Months from exercise of each option.

F-2 Place of Performance. Work will be performed at the Contractor’s facilities unless otherwise specified on the Task Order. The FRTIB offices are located in Washington, D.C.

SECTION G – CONTRACT ADMINISTRATION DATA

G-1 Appointment of Contracting Officer Technical Representative (COTR).

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G-1.1 The CO shall appoint, in writing, the COTR for this contract. The COTR has no authority under this contract. The Contractor will be provided with a copy of the COTR appointment letter identifying the COTR’s responsibilities. The COTR may not re-delegate his or her authority.

G-1.2 The COTR acts as a liaison to coordinate activities between the Contractor and CO, as required, in the performance of the work under this contract and ensures that the TIB receives the products and services in accordance with this contract.

G-1.3 Only the CO has the authority to modify the contract. In the event the Contractor implements changes to the contract at the direction of any person other than the CO, the Contractor will not receive reimbursement for work performed pursuant to those unauthorized changes.

G-2 Contract Administration. See Block 16 of the SF-1449.

G-3 Submission of Invoices.

G-3.1. The Contractor shall submit original invoices electronically to invoice@tsp.gov within 30 days of fulfilling task orders requirements.

G-3.2. In addition to the requirements of the Prompt Payment clause of this contract, the Contractor shall cite on each invoice the following:

-Contract number -Funding Document number (GSA 300) -CLIN or the award sub-line item number being invoiced (if applicable) -Unique identifying Contractor invoice number -Contractor Bank Account Number -Contractor Bank Routing Number -Contractor EIN and Contractor DUNS -Explanation of any delays -Costs associated with each of the below items:

-Total number of DVDs mailed and associated costs -Total number of DVDs sent to foreign addresses (and other non-indicia mail) and associated postage costs -Total number of DVDs sent to domestic addresses and associated postage costs -Total number of unmailable DVDs

G-4 Contract Options

G-4.1 Award of an initial contract will not obligate the Agency to exercise any options. Prior to exercising any option, the Agency will make a determination that (1) funds are available, (2) the requirement covered by the option fulfills an existing need of the Agency, and (3) the exercise of the option is the most advantageous method of fulfilling the Agency’s need, price and other factors considered.

G-4.2 Failure to exercise an option will not obligate the Agency to pay any charges other than the contract price including exercised options.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

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H-1 Conflicts of Interest

H-1.1. General. Subpart 9.5 of the Federal Acquisition Regulation (48 C.F.R. 9.5), prescribes responsibilities, general rules, and procedures for identifying, evaluating, and resolving organizational conflicts of interest.

H-1.2. Purpose. The purpose of this clause is to avoid, neutralize, or otherwise mitigate organizational conflicts of interest which might exist related to a Contractor’s performance of work required by this contract.

Such conflicts may arise in situations including, but not limited to: a Contractor’s participation, as offeror or representative of an offeror, in a procurement in which it has provided assistance in the preparation of the Agency’s requirements and specifications; a Contractor providing advice and/or assistance to the Agency for a procurement in which the Contractor or an entity that the Contractor represents is an actual or potential offeror; and a Contractor’s participation, as offeror or representative of an offeror, in a procurement where the Contractor has obtained confidential or proprietary information relating to competing offerors as a result of the Contractor’s work on prior contracts.

H-1.3. Definition. For purposes of this clause, the term “Contractor” means: The Contractor; any of the Contractor’s parent companies, affiliates or other entities in which the Contractor or such parents or affiliates have a financial interest; successors in interest to the Contractor or any of its parents or affiliates; proposed consultants or subcontractors at any tier; and employees thereof.

H-1.4. Restrictions. The Contractor agrees:

H-1.4.1 To remain ineligible to participate in any capacity (including participating as a prime contractor, subcontractor, or as the representative of another party) in contracts, subcontracts, or quotes (whether solicited or unsolicited) that directly relate to the Contractor’s performance of work under this Contract.

H-1.4.2 Prior to beginning work, to execute Confidentiality Agreements, Statements of Non-Disclosure or other documents which the CO believes are needed to protect the proprietary nature or confidentiality of information provided by the Agency or otherwise received by the Contractor in connection with work under this Contract.

H-1.4.3. Not to accept any compensation or any other form of payment from any source other than the Agency for services rendered under this Contract.

H-1.4.4. To immediately notify the CO of any offer of compensation, other form of payment, or thing of value made by any source other than the Agency to the Contractor related to services rendered under this Contract.

H-1.4.5. Prior to performing work, immediately notify the CO of any potential conflict of interest which would prevent or limit the Contractor’s ability to perform the work requested.

H-1.4.6. To immediately notify the CO of any conflict of interest discovered during performance of work;

provided that the CO will have the right to impose such restrictions as he/she deems appropriate on Contractor’s performance, based on the existence of such a conflict or, if the CO determines that such restrictions would not adequately address the conflict of interest at issue, to terminate this contract at no cost to the Agency.

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H-1.4.7. That in the event that the Contractor withholds information regarding the existence of a conflict of interest from the Agency, the CO may terminate this Contract at no cost to the Agency.

H-1.4.8. To include this Conflict of Interest clause, including this subparagraph, in all subcontracts at all tiers (appropriately modified to preserve the Agency’s rights hereunder) which involve the performance of work by subcontractors (if any) in support of this Contract.

H-1.4.9. In addition to the remedies stated above, that the Agency may terminate this Contract for cause in the event of the Contractor’s breach of any of the above restrictions.

H-2 Compliance With Regulations. The Contractor shall comply with all statutes, regulations, directives, instructions, and references applicable to this acquisition as required by the Federal Government and the TIB, including, without limitation, those specified or referred to in this contract. The Contractor and its employees shall become acquainted with and shall comply with the rules and regulations of the TIB’s facilities, including, but not limited to security, controlled access, personnel clearances, and conduct with respect to health and safety at the site, regardless of whether or not title to the facility is vested in the TIB. NOTE: The Federal Retirement Thrift Investment Board is a Government agency operating on non-appropriated funds whose mission is to act solely in the interests of the Thrift Savings Plan participants and beneficiaries. As a non-appropriated fund agency, it is not bound by the Federal Acquisition Regulation (FAR).

H-3 Non-Disclosure Requirements. Attachments 2 and 3 are required non-disclosure forms and they must be completed and delivered to the CO before starting work under this contract.

H-3.1 Restrictions on Use, Disclosure, and Duplication of Confidential and Non-Public Information.

Confidential and non-public information, for purposes of this clause is, but is not limited to, all financial, statistical, personnel and/or technical data which is furnished, produced, generated, or otherwise available to the Contractor, during the performance of this contract. Unless otherwise specified, confidential and non-public information shall not be used for purposes other than performance of work under this contract without the prior written consent of the CO. The Contractor, and its employees, agents, subcontractors, and subcontractor personnel are restricted from duplicating or disclosing confidential or non-public information, in whole or in part, outside the TIB for purposes other than fulfillment of the requirements set forth in this contract. Any presentation of any confidential or non-public information, or any reports or material derived from confidential or non-public information shall be subject to CO review and approval prior to publication or dissemination. Any questions about whether information is confidential or non-public shall be referred to the CO prior to use, disclosure, or duplication.

H-3.2 Non-Disclosure Agreement For Confidential And Non-Public Information. Section 2635.703 of title 5, Code of Federal Regulations, and the Privacy Act of 1974 (5 U.S.C. § 552a) expressly prohibit unauthorized disclosure and improper use of confidential or non-public information or documents. The Contractor, and its employees, agents, subcontractors, and subcontractor personnel who will have access to confidential or non-public information or documents in the performance of the contract, agree to be bound by Section 2635.703 of title 5, Code of Federal Regulations, and the Privacy Act of 1974 (5 U.S.C. § 552a) and the terms set forth in the attached Non-Disclosure Agreements (Attachments 2 & 3). The Contractor and all personnel assigned to the contract agree not to divulge to any unauthorized person non-public or confidential information obtained from the TIB in performance of their duties under the contract. The Contractor and all employees, agents, subcontractors and subcontractor personnel who will have access to confidential or non-public information or documents during the performance of their duties under the contract shall execute the of 29 7 attached Non-Disclosure Agreements (Attachments 2 & 3) as applicable and return them to the CO before receiving access to such information or documents. Violation of this clause by the Contractor, its employees, agents, subcontractors, or subcontractor personnel may result in termination of the contract and/or civil suits and/or criminal prosecution.

H-3.3 TIB Non-Disclosure Agreement.

The Contractor shall submit a list of its employees, agents, and subcontractors that will be authorized access to TIB information by virtue of performing the requirements set forth in this contract to the CO. Each person identified on the list shall then sign a non-disclosure agreement (Attachment 3) and submit it to the CO before starting work at the TIB. The Contractor shall also ensure that all of its employees, agents, and subcontractors assigned to perform the requirements set forth in this contract adhere to the terms of the non-disclosure agreement, protecting all confidential or non-public information. Assignment of staff who has not executed the non-disclosure agreement or failure to adhere to this statement shall result in action by the CO, as deemed appropriate.

H-4 Security and Privacy Act Matters. The security classification for work performed under this Contract is Confidential. The documents and information that will be reviewed and produced are confidential in nature and shall be protected from unauthorized disclosure. The Contractor shall safeguard all Government property provided for Contractor use and adhere to the Government property requirements. At the end of each work day, all Government facilities, equipment and materials shall be secured.

H-4.1.5. Contractor personnel may be required to access Privacy Act information. Personnel shall adhere to the Privacy Act, 5 U.S.C. § 552a and applicable agency rules and regulations.

H-4.1.6. The Contractor shall comply with Freedom of Information Act (FOIA) requirements described in FAR Part 24. This regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting and safeguarding FOUO material.

H-4.2. Badges and ID Cards. All Government issued ID (if applicable), including badges and passes shall be returned to the COTR or the CO prior to the end of the contract period of performance.

SECTION I – CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures JUL 1995 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity JAN 1997 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions SEP 2007 52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 of 29 8

52.204-7 Central Contractor Registration APR 2008 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.212-1 Instructions to Offerors- Commercial Items JUN 2008 52.212-4 Contract Terms and Conditions – Commercial Items AUG 2000 52.215-8 Order of Precedence--Uniform Contract Format MAR 2009 52.215-19 Notification of Ownership Changes OCT 1997 52.215-23 Limitations on Pass-Through Charges OCT 1997 52.217-5 Evaluation of Options JUL 1990 52.222-1 Notice To The Government Of Labor Disputes OCT 1995 52.222-50 Combating Trafficking in Persons SEP 2009 52.224-1 Privacy Act Notification AUG 2000 52.224-2 Privacy Act APR 1984 52.225-13 Restrictions on Certain Foreign Purchases APR 1984 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran—Certification SEP 2010 52.227-1 Authorization and Consent JUN 2008 52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement DEC 2007 52.228-7 Insurance--Liability To Third Persons JAN 1997 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-25 Prompt Payment OCT 2003 52.233-1 Disputes JUL 2002 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.237-3 Continuity Of Services JAN 1991 52.239-1 Privacy or Security Safeguards AUG 1996 52.242-13 Bankruptcy JUL 1995 52.242-17 Government Delay of Work APR 1984 52.243-1 Changes--Fixed-Price (Aug 1987) - Alternate II APR 1984 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items DEC 1996 52.245-1 Government Property APR 2010 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-2 Termination For Convenience Of The Government (Fixed-Price) FEB 1997 52.253-1 Computer Generated Forms JAN 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUL 2010)

(a) Definitions. As used in this clause:

Executive means officers, managing partners, or any other employees in management positions.

First-tier subcontract means a subcontract awarded directly by a Contractor to furnish supplies or services (including construction) for performance of a prime contract, but excludes supplier agreements with vendors, of 29 9 such as long-term arrangements for materials or supplies that would normally be applied to a Contractor's general and administrative expenses or indirect cost.

Total compensation means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c)(1) Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, (and any modifications to these subcontracts that change previously reported data), the Contractor shall report the following information at http://www.fsrs.gov for each first-tier subcontract. (The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.)

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

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(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(viii) Subcontractor's primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

(2) By the end of the month following the month of a contract award, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for the Contractor's preceding completed fiscal year at http://www.ccr.gov, if--

(i) In the Contractor's preceding fiscal year, the Contractor received--

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(3) Unless otherwise directed by the Contracting Officer, by the end of the month following the month of a first-tier subcontract with a value of $25,000 or more, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for each first-tier subcontractor for the subcontractor's preceding completed fiscal year at http://www.fsrs.gov, if--

(i) In the subcontractor's preceding fiscal year, the subcontractor received--

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and of 29 11 http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ccr.gov http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.sec.gov/answers/execomp.htm http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fsrs.gov

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(d)(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards to that subcontractor.

(e) Phase-in of reporting of subcontracts of $25,000 or more.

(1) Until September 30, 2010, any newly awarded subcontract must be reported if the prime contract award amount was $20,000,000 or more.

(2) From October 1, 2010, until February 28, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $550,000 or more.

(3) Starting March 1, 2011, any newly awarded subcontract must be reported if the prime contract award amount was $25,000 or more.

(End of clause)

52.212-2 -- Evaluation -- Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factor 1 - Technical

Subfactor 1 – Technical Capability

Subfactor 2 - Past Performance

Factor 2 – Price

Lowest Price Technically Acceptable evaluation procedures will be used for this acquisition. See section M – Addendum to this clause for more detailed information.

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(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Apr 2011)

(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:

_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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_x_ (6) 52.209-6, Protecting the Government’ Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C.

6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

___ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

___ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (9) [Reserved]

___ (10) (i) 52.219-6, Notice of Total Small Business 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.

___ (11) (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.

___ (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C.

637(d)(2) and (3)).

___ (13) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (July 2010) of 52.219-9.

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

___ (15) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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___ (16) (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.

___ (17) 52.219-25, Small Disadvantaged Business Participation Program— Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (18) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

___ (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

___ (21) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011).

___ (22) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011).

_x__ (23) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (24) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_x_ (25) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

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

_x_ (27) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

___ (28) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_x_ (29) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

___ (30) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (31) 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.)

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___ (32) (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.)

___ (33) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (34) (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.

_x_ (35) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Sep 2010) (E.O. 13513).

___ (36) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

___ (37) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 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.

___ (38) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

_x_ (39) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (40) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (41) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (42) 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)).

___ (43) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

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___ (44) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332).

___ (45) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

___ (46) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

___ (47) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (48) (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:

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

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

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

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

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

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

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

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C.

5112(p)(1)).

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

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

(iii) [Reserved]

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

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

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

793).

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

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

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

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

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

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

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

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

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

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

(End of Clause)

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 from _Date of award_ through _5 years and 6 months after 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.

(End of Clause)

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 200 items, 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 --of 29 19

(1) Any order for a single item in excess of 350,000 Items;

(2) Any order for a combination of items in excess of 350,000 items; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in subparagraph (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 3 business 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.

(End of Clause)

52.217-8 -- Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 5 years and 6 months.

(End of 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:

https://www.acquisition.gov/far/index.html of 29 20 https://www.acquisition.gov/far/index.html

(End of clause)

52.252-6 Authorized Deviations in Clauses (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(End of clause)

SECTION J – LIST OF ATTACHMENTS, EXHIBITS, AND OTHER DOCUMENTS

Attachment 1: Performance Work Statement - Section C Attachment 2: Non-Disclosure Agreement (Contractor Rep) Attachment 3: Non-Disclosure Agreement (Contractor Personnel)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

L-1 NOTICE TO OFFERORS

L-1.1 The exclusive responsibility for Source Selection will reside with the Government. Proprietary information submitted in response to this solicitation shall be clearly marked as such and will be protected from unauthorized disclosure as required by Subsection 27 of the Office of Procurement Policy Act as amended (41 U.S.C.423) (hereinafter referred to as “the Act”) as implemented in the FAR. Any unmarked proprietary information will be considered releasable under the restrictions of the Freedom of Information Act.

L-2 FORMAL COMMUNICATIONS

L-2.1. Any formal communication such as requests for clarification, discussions, and information concerning this solicitation shall be submitted in writing (e-mail preferred) to the CO at the address below:

FRTIB Office of Finance - Procurement ATTN: Mr. Wesley J. Beemer Reference: Solicitation No. TIB-2011-RFP-0086, DVD ID/IQ Phone: 202-942-1627

FAX: 202-942-1676

E-mail: wesley.beemer@tsp.gov

Alternate Point of Contact Mr. Raymond Rabatin Phone: 202-942-1666 E-mail: raymond.rabatin@tsp.gov

L-2.1.1. Questions regarding this solicitation are due by 20-Sep-11 3:00 p.m. Eastern Time. After that time no further questions will be answered. All responses to questions will be posted on Fedbizopps (www.fbo.gov ). Proposals are due by 22-Sep-11 at 3:00 p.m. Eastern Time.

L-3 SUBMISSION OF PROPOSALS

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L-3.1. The electronic file shall be sent via email to wesley.beemer@tsp.gov on/before the date/time specified on the front page of the SF-1449. After sending the email, call Wesley Beemer at 202-942-1627 to verify receipt. Offerors are cautioned to strictly comply with all instructions within this solicitation to ensure submission of a complete proposal. Failure to furnish a complete proposal at the time of proposal submission may result in an unacceptable proposal that the Government eliminates from consideration for award. The Government will not accept any changes to offerors’ proposals after the closing date of this solicitation (see FAR 15.208 for further information regarding late proposals).

L-4 DISPOSITION OF UNSUCCESSFUL PROPOSALS

L-4.1. In compliance with FAR Subpart 4.8, the Government will retain one copy of all unsuccessful proposals. Extra copies of unsuccessful proposals printed by FRTIB staff will be destroyed. No destruction certificate will be provided.

L-5 PROPOSAL PREPARATION INSTRUCTIONS

L-5.1. The instructions below prescribe the format of proposals. Proposals shall include all of the information requested in the specific instructions. Failure to include all information requested may adversely affect the evaluation.

L-5.2. A proposal that is orderly and sufficiently documented will enable the Government to easily understand and perform a thorough and fair evaluation. The Government may incorporate into this contract, by reference or full text, portions of the successful offeror’s proposal submitted in response to this solicitation as revised and supplemented through the final proposal revision.

L-5.3. Proposal Format. A complete proposal consists of two (2) separate volumes (electronic format only):

Technical (MS Word) and Price (MS Word or MS Excel).

L-5.3.1. Page Format. Type size for text shall not be smaller than Microsoft Word Times New Roman 10 point font, single column, normal proportional spacing and one inch (1”) margins (top, bottom, left and right).

The text for charts, tables, graphs, and figures shall be no smaller than Microsoft Word, Times New Roman or Arial Narrow, 8 point font, and used only when absolutely necessary. Text lines and table lines of text shall be single-spaced.

L-5.3.2. Electronic Files. Electronic copies of all proposal information for each volume shall be submitted via email to wesley.beemer@tsp.gov using Microsoft Office 2003, Microsoft Office 2007 or Portable Document Format (PDF) using Acrobat Adobe 9.0. Offerors shall NOT submit any documents in PDF that are copied as images. Offerors may use JPEG images for charts or screen shots.