TIRWR10R00009[1].pdf

OMB Control No. 1505-0081

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

ITEMS

1. REQUISITION NUMBER

D-0-D9-15-DE-L23 000

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

TIRWR-10-R-00009

6. SOLICITATION ISSUE

DATE

01/13/2010

7. FOR SOLICITATION

INFORMATION CALL: 4

a. NAME

ALVAREZ, DENISE G

b. TELEPHONE NUMBER (No collect calls) 510-637-2133

8. OFFER DUE DATE/

LOCAL TIME

08/30/2010 05:00 PM

9. ISSUED BY CODE IRS0093C 10. THIS ACQUISITION IS

UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS EMERGING SMALL

BUSINESS

NAICS:561210

HUBZONE SMALL

BUSINESS

DEPARTMENT OF TREASURY (DY)

I.R.S., PROCUREMENT OS:A:P:B:W

1301 CLAY STREET SUITE 810S

OAKLAND , CA 94612-5272

SIZE STANDARD:

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

11. DEVLIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR700)

13b. RATING

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 93727009 16. ADMINISTERED BY CODE IRS0093C

5045 E. Butler Avenue Fresno , CA 93727

DEPARTMENT OF TREASURY (DY)

I.R.S., PROCUREMENT OS:A:P:B:W

1301 CLAY STREET SUITE 810S

OAKLAND , CA 94612-5272

17a. CONTRACTOR/ CODE 00055905 FACILITY 18a. PAYMENT WILL BE MADE BY CODE INVB030

OFFEROR CODE

TO ALL OFFERORS

TO ALL OFFERORS

TO ALL OFFERORS, WV 99999

IRS Beckley Finance Center P.O. Box 9002 Tel: (304) 254-3300 Beckley, WV 25802

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED. SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Contractor shall provide all labor, materials, equipment and supplies necessary to provide Facilities Operations, Maintenance, Repairs, and Construction Services to the Internal Revenue Service Center in Fresno, California

THIS IS A TOTAL SMALL BUSINESS SET A-SIDE.

0001 Phase In Period (PWS 3.10) Fixed Price 2.00 AJ __________ __________ This phase is when the new contractor (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5).

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

X

X

X

XX

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

AMOUNT (US$)

(CONTINUE)

into performing the service.The Transition period will begin January 12, 2011.

Due Date: 03/13/2010

All background checks and security clearances will be done on the authorized personnel before the Phase In is performed.

Base Operations and Maintenance O & M Services to be performed on a regular basis as described herein.

Base Year: 3/13/2011 to 3/12/2012

1001 Basic Services (PWS 3.0) Fixed Price 12.00 MO __________ __________ Service provider shall provide all program management, labor materials, supplies and equipment necessary to plan supervise implement and coordinate the basic services as described in the attached Performance Work Statement, which includes Facility Operations (PWS 3.1), Building Systems Water Treatment (PWS 3.2), Service Calls (PWS 3.3) and Preventative Maintenance (PWS 3.4)

1002 Facility Operations (PWS 3.10)Fixed Price 12.00 MO __________ __________

1003 Building Systems Water Treatment (PWS 3.2) Fixed Price 12.00 MO __________ __________ 32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER 35.AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT

NUMBER

39.S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42.a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42.c DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 3/2005) BACK

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

AMOUNT (US$)

(CONTINUE)

1004 Service Calls (PWS 3.3) Fixed Price 12.00 MO __________ __________ This service consists: Emergency Service Calls, Hot/Cold Calls, Urgent Service Calls, Routine Service Calls, and Utility Time Service Calls.

1005 Preventive Maintenance (PWS 3.4)Fixed Price 12.00 MO __________ __________

Additional O & M Services to be delivered when as needed and as ordered awarded Firm-Fixed Price. Negotiated level of effort and based on fully burdened rates below.

Wage Determination under the Service Contract Act for Fresno, California.

Wage Determination No.: 2005-2045, Revision No.: 9, Dated 10/27/2009 will apply to this

CLIN.

1006 Additional Services:(PWS 4.0) Fixed Price 1.00 AJ __________ __________ Services will be issued by an IDIQ basis Fixed Price Delivery Order.

Carpenter Normal Business Hours:

100 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Electrician Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

HVAC Mechanic

Normal Business Hours 150 Hours x Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Painter Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Pipe fitter Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

FORM 1449 CONTINUE SHEET 1

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

AMOUNT (US$)

(CONTINUE)

Plumber Normal Business Hours 150 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Sheet-Metal Worker Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Laborer Normal Business Hours 500 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Dump Truck with Driver Normal Business Hours 25 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Loader with Operator Normal Business Hours 25 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Additional O & M Services to be delivered when as needed and as ordered awarded Firm-Fixed Price. Negotiated level of effort and based on fully burdened rates below.

Davis Bacon Wages for Fresno, California Wage No: CA20080029, Dated 03/19/2010 will apply to this CLIN.

1007 Additional Services:(PWS 4.0) Fixed Price 1.00 AJ __________ __________

Fixed Price Delivery Order.

Carpenter Normal Business Hours:

100 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Electrician Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

HVAC Mechanic

FORM 1449 CONTINUE SHEET 2

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

Normal Business Hours 150 Hours x Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Painter Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Pipe fitter Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Plumber Normal Business Hours 150 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Sheet-Metal Worker Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Laborer Normal Business Hours 500 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Dump Truck with Driver Normal Business Hours 25 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Loader with Operator Normal Business Hours 25 Hours x $______ = $________

1008 Handling Fee Rate: 1.00 EA __________ __________ Constractor shall receive handling fee for acquiring subcontractor material orders as needed.

Percentage is _______% of $500,000 (estimated amount for evaluation purposes only)

Basic Operations and Maintenance O & M

FORM 1449 CONTINUE SHEET 3

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

AMOUNT (US$)

(CONTINUE)

Services to be performed on a regular basis as described herein.

Option Year 1 Period of Performance: 3/13/2012 to 3/12/2013

2001 Basic Services (PWS 3.0) Fixed Price 12.00 MO __________ __________ management, labor materials, supplies and equipment necessary to plan supervise implement and coordinate the basic services as described in the attached Performance Work Statement, which includes Facility Operations (PWS 3.1), Building Systems Water

2002 Facility Operations (PWS 3.1) Fixed Price 12.00 MO __________ __________

2003 Building Systems Water Treatment(PWS 3.2) Fixed Price 12.00 MO __________ __________

2004 Service Calls (PWS 3.3) Fixed Price 12.00 MO __________ __________

Calls, Hot/Cold Calls, Urgent Service Calls, 2005 Preventive Maintenance (PWS 3.4)Fixed Price 12.00 MO __________ __________ when as needed and as ordered awarded Firm-Fixed Price. Negotiated level of effort and based on fully burdened rates below.

Wage Determination under the Service Contract Act for Fresno, California.

Wage Determination No.: 2005-2045, Revision

2006 Additional Services:(PWS 4.0) Fixed Price 1.00 AJ __________ __________

100 Hours x $______ = $________

50 Hours x $______ = $________

FORM 1449 CONTINUE SHEET 4

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

AMOUNT (US$)

(CONTINUE)

Electrician Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

HVAC Mechanic Normal Business Hours 150 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Painter Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Pipe fitter Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Plumber Normal Business Hours 150 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Sheet-Metal Worker Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Laborer Normal Business Hours 500 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Dump Truck with Driver Normal Business Hours 25 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Loader with Operator Normal Business Hours 25 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Additional O & M Services to be delivered when as needed and as ordered awarded Firm-Fixed Price. Negotiated level of effort and based on fully burdened rates below.

FORM 1449 CONTINUE SHEET 5

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

Davis Bacon Wages for Fresno, California

2007 Additional Services:(PWS 4.0) Fixed Price 1.00 AJ __________ __________

100 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Electrician Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

HVAC Mechanic

Normal Business Hours 150 Hours x Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Painter Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Pipe fitter Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Plumber Normal Business Hours 150 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Sheet-Metal Worker Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Laborer Normal Business Hours 500 Hours x $______ = $________

FORM 1449 CONTINUE SHEET 6

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

Dump Truck with Driver Normal Business Hours 25 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Loader with Operator Normal Business Hours 25 Hours x $______ = $________

2008 Handling Fee Rate: 1.00 EA __________ __________ Contractor shall receive handling fee for acquiring subcontractor material orders as needed.

Percentage is _______% of $500,000 (estimated amount for evaluation purposes only)

Basic Operations and Maintenance O & M Services to be performed on a regular basis as described herein.

Option Year 2 Period of Performance: 03/13/2013 to 03/12/2014

3001 Basic Services (PWS 3.0) Fixed Price 12.00 MO __________ __________ management, labor materials, supplies and equipment necessary to plan supervise implement and coordinate the basic services as described in the attached Performance Work Statement, which includes Facility Operations (PWS 3.1), Building Systems Water

3002 Facility Operations (PWS 3.1)Fixed Price 12.00 MO __________ __________

3003 Building Systems Water Treatment (PWS 3.3) Fixed Price 12.00 MO __________ __________

3004 Service Calls (PWS 3.3) Fixed Price 12.00 MO __________ __________

Calls, Hot/Cold Calls, Urgent Service Calls, 3005 Preventive Maintenance (PWS 3.4)Fixed Price 12.00 MO __________ __________

FORM 1449 CONTINUE SHEET 7

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

when as needed and as ordered awarded Firm-Fixed Price. Negotiated level of effort and based on fully burdened rates below.

Wage Determination under the Service Contract Act for Fresno, California.

Wage Determination No.: 2005-2045, Revision

3006 Additional Services:(PWS 4.0)Fixed Price 1.00 AJ __________ __________

100 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Electrician Normal Business Hours

1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

HVAC Mechanic Normal Business Hours 150 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Painter Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Pipe fitter Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Plumber Normal Business Hours 150 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Sheet-Metal Worker Normal Business Hours 50 Hours x $______ = $________

FORM 1449 CONTINUE SHEET 8

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

Laborer Normal Business Hours 500 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Dump Truck with Driver Normal Business Hours 25 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Loader with Operator Normal Business Hours 25 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Additional O & M Services to be delivered when as needed and as ordered awarded Firm-Fixed Price. Negotiated level of effort and based on fully burdened rates below.

Davis Bacon Wages for Fresno, California

3007 Additional Services:(PWS 4.0) Fixed Price 1.00 AJ __________ __________

100 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Electrician Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

HVAC Mechanic

Normal Business Hours x 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Painter Normal Business Hours 1,000 Hours x $______ = $________

FORM 1449 CONTINUE SHEET 9

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

AMOUNT (US$)

(CONTINUE)

Pipe fitter Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Plumber Normal Business Hours 150 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Sheet-Metal Worker Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Laborer Normal Business Hours 500 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Dump Truck with Driver Normal Business Hours 25 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Loader with Operator Normal Business Hours 25 Hours x $______ = $________

3008 Handling Fee Rate: 1.00 EA __________ __________ acquiring subcontractor material orders as needed.

Percentage is _______% of $500,000 (estimated amount for evaluation purposes only)

Basic Operations and Maintenance O & M Services to be performed on a regular basis as described herein.

Option Year 3 Period of Performance: 03/13/2014 to 03/12/2015

4001 Basic Services (PWS 3.0) Fixed Price 12.00 MO __________ __________ management, labor materials, supplies and equipment necessary to plan supervise implement and coordinate the basic services as described in the attached Performance

FORM 1449 CONTINUE SHEET 10

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

AMOUNT (US$)

(CONTINUE)

Work Statement, which includes Facility Operations (PWS 3.1), Building Systems Water

4002 Facility Operations (PWS 3.1)Fixed Price 12.00 MO __________ __________

4003 Building Systems Water Treatment (PWS 3.2) Fixed Price 12.00 MO __________ __________

4004 Service Calls (PWS 3.3) Fixed Price 12.00 MO __________ __________

Calls, Hot/Cold Calls, Urgent Service Calls, 4005 Preventive Maintenance (PWS 3.4) Fixed Price 12.00 MO __________ __________ when as needed and as ordered awarded Firm-Fixed Price. Negotiated level of effort and based on fully burdened rates below.

Wage Determination under the Service Contract Act for Fresno, California.

Wage Determination No.: 2005-2045, Revision

4006 Additional Services:(PWS 4.0) Fixed Price 1.00 AJ __________ __________

100 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Electrician Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

HVAC Mechanic Normal Business Hours 150 Hours x $______ = $________ Overtime, Weekend, and Holidays

Painter

FORM 1449 CONTINUE SHEET 11

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

AMOUNT (US$)

(CONTINUE)

Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Pipe fitter Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Plumber Normal Business Hours 150 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Sheet-Metal Worker Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Laborer Normal Business Hours 500 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Dump Truck with Driver Normal Business Hours 25 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Loader with Operator Normal Business Hours 25 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Additional O & M Services to be delivered when as needed and as ordered awarded Firm-Fixed Price. Negotiated level of effort and based on fully burdened rates below.

Davis Bacon Wages for Fresno, California

4007 Additional Services:(PWS 4.0) Fixed Price 1.00 AJ __________ __________

100 Hours x $______ = $________

FORM 1449 CONTINUE SHEET 12

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

AMOUNT (US$)

(CONTINUE)

Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Electrician Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

HVAC Mechanic

Normal Business Hours 150 Hours x Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Painter Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Pipe fitter Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Plumber Normal Business Hours 150 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Sheet-Metal Worker Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Laborer Normal Business Hours 500 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Dump Truck with Driver Normal Business Hours 25 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Loader with Operator Normal Business Hours 25 Hours x $______ = $________

FORM 1449 CONTINUE SHEET 13

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

4008 Handling Fee Rate: 1.00 EA __________ __________ acquiring subcontractor material orders as needed.

Percentage is _______% of $500,000 (estimated amount for evaluation purposes only)

Basic Operations and Maintenance O & M Services to be performed on a regular basis as described herein.

Option Year 4 Period of Performance: 03/13/2015 to 03/12/2016

5001 Basic Services (PWS 3.0)Fixed Price 12.00 MO __________ __________ management, labor materials, supplies and equipment necessary to plan supervise implement and coordinate the basic services as described in the attached Performance Work Statement, which includes Facility Operations (PWS 3.1), Building Systems Water

5002 Facility Operations (PWS 3.1)Fixed Price 12.00 MO __________ __________

5003 Building Systems Water Treatment (PWS 3.2)Fixed Price 12.00 MO __________ __________

5004 Service Calls (PWS 3.3)Fixed Price 12.00 MO __________ __________

Calls, Hot/Cold Calls, Urgent Service Calls, 5005 Preventive Maintenance (PWS 3.4)Fixed Price 12.00 MO __________ __________ when as needed and as ordered awarded Firm-Fixed Price. Negotiated level of effort and based on fully burdened rates below.

Wage Detmination under the Service Contract Act for Fresno, California.

Wage Determination No.: 2005-2045, Revision No.: 9, dated: 10/27/2009 will apply to this case.

5006 Additional Services:(PWS 4.0)Fixed Price 1.00 AJ __________ __________

FORM 1449 CONTINUE SHEET 14

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

AMOUNT (US$)

(CONTINUE)

100 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Electrician Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

HVAC Mechanic Normal Business Hours 150 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Painter Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Pipe fitter Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Plumber Normal Business Hours 150 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Sheet-Metal Worker Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Laborer Normal Business Hours 500 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Dump Truck with Driver Normal Business Hours 25 Hours x $______ = $________

FORM 1449 CONTINUE SHEET 15

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

AMOUNT (US$)

(CONTINUE)

Loader with Operator Normal Business Hours 25 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Additional O & M Services to be delivered when as needed and as ordered awarded Firm-Fixed Price. Negotiated level of effort and based on fully burdened rates below.

Davis Bacon Wages for Fresno, California

5007 Additional Services:(PWS 4.0) Fixed Price 1.00 AJ __________ __________

100 Hours x $______ = $________ Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Electrician Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

HVAC Mechanic

Normal Business Hours 150 Hours x Overtime, Weekend, and Holidays 50 Hours x $______ = $________

Painter Normal Business Hours 1,000 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Pipe fitter Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Plumber Normal Business Hours 150 Hours x $______ = $________ Overtime, Weekend, and Holidays

Sheet-Metal Worker

FORM 1449 CONTINUE SHEET 16

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

AMOUNT (US$)

(CONTINUE)

Normal Business Hours 50 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Laborer Normal Business Hours 500 Hours x $______ = $________ Overtime, Weekend, and Holidays 250 Hours x $______ = $________

Dump Truck with Driver Normal Business Hours 25 Hours x $______ = $________ Overtime, Weekend, and Holidays 25 Hours x $______ = $________

Loader with Operator Normal Business Hours 25 Hours x $______ = $________

5008 Handling Fee Rate: 1.00 EA __________ __________ acquiring subcontractor material orders as needed.

Percentage is _______% of $500,000 (estimated amount for evaluation purposes only)

FORM 1449 CONTINUE SHEET 17

SOLICITATION SUMMARY

Title: Facilities Operations Maintenance, Repairs, and Construction Service at the Internal Revenue Service Fresno Service Center located at 5045 E.

Butler Avenue, Fresno, CA 93727-5136.

Solicitation: TIRWR-10-R-00009

Point of Contact: The point of contact for this project is Ms Denise Alvarez, Contract

Specialist. Telephone Number 510-637-2133 or FAX 510-637-2111.

Email: denise.alvarez@irs.gov.

Description of The contractor shall furnish all labor, supervision, management, tools, Services: materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide the services outlined in this Performance Work Statement (PWS) for the Fresno Service Center located at 5045 E. Butler Avenue, Fresno, CA. The resultant contract will be a combination of firm-fixed price and indefinite delivery-indefinite quantity (IDIQ) with firm fixed price task orders. The Period of Performance will be for a one year base period and four one year option periods as follows:

Phase In Period: Jan 12, 2011 to March 12, 2011 Base Period March 13, 2011 to March 12, 2012 Option Period 1 March 13, 2012 to March 12, 2013 Option Period 2 March 13, 2013 to March 12, 2014 Option Period 3 March 13, 2014 to March 12, 2015 Option Period 4 March 13, 2015 to March 12, 2016

Pre-Proposal A Pre-Proposal Conference and Site Visit will be held on August 10, 2010 at 10:00 am. Individuals planning on attending must notify Denise Conference and Alvarez, Contract Specialist in accordance with the instruction found in Site Visit: Section 3 of this solicitation

Basis of Award: This is a Total Small Business Set-Aside. Award will be made to the offeror who offers the best value to the Government.

Proposal It is imperative the prospective contractors read and be familiar with this Comprehension: solicitation in its entirety. Requests for Information (RFI) correspondence must be submitted in writing via fax to 510-637-2111 or via email to denise.alvarez@irs.gov

By signing the SF 1449 and submitting a proposal, the Contractor acknowledges his/her understanding of the PWS and agrees to comply with the contract requirements.

mailto:denise.alvarez@irs.gov� mailto:denise.alvarez@irs.gov�

After familiarizing yourself with this solicitation, respond to the evaluation factors contained in Section 3 of this Solicitation.

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/these address(es): http://www.arnet.gov/far/ (End of clause)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.arnet.gov/far/

NUMBER TITLE DATE

52.204-9 [52.204-9] Personal Identity Verification of

Contractor Personnel.(SEPT 2007)

52.212-4 Contract Terms and Conditions_Commercial Items(Mar 2009)

(Feb 2002)

52.217-7 OPTION FOR INCREASED QUANTITY--

SEPARATELY PRICED LINE ITEM (MAR 1989)

(MAR

1989)

52.222-6 DAVIS-BACON ACT (JULY 2005) (FEB 1995)

52.222-7 WITHHOLDING OF FUNDS (FEB 1988) (FEB 1988)

52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988) (FEB 1988)

52.222-9 APPRENTICES AND TRAINEES (JULY 2005) (FEB 1988)

52.222-10 COMPLIANCE WITH COPELAND ACT

REQUIREMENTS (FEB 1988)

(FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (JULY

2005)

(FEB 1988)

52.222-12 CONTRACT TERMINATION--DEBARMENT

(FEB 1988)

(FEB 1988)

52.222-13 COMPLIANCE WITH DAVIS-BACON AND

RELATED ACT REGULATIONS (FEB 1988)

(FEB 1988)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS

(FEB 1988)

(FEB 1988)

http://www.arnet.gov/far/�

52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988) (FEB 1988)

52.223-2 52.223-2 Affirmative Procurement of Biobased

Products Under Service and Construction Contracts.

(Dec 2007)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION

AND MATERIAL SAFETY DATA (JAN 1997)

(JAN 1997)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-

KNOW INFORMATION (AUG 2003)

(AUG

2003)

52.223-10 WASTE REDUCTION PROGRAM (AUG 2000) (AUG

2000)

52.223-12 REFRIGERATION EQUIPMENT AND AIR

CONDITIONERS (MAY 1995)

(MAY

1995)

52.228-5 INSURANCE--WORK ON A GOVERNMENT

INSTALLATION (JAN 1997)

(JAN 1997)

52.228-11 PLEDGES OF ASSETS (Sep 2009) (FEB 1992)

52.228-14 IRREVOCABLE LETTER OF CREDIT (DEC 1999) (DEC

1999)

52.228-15 PERFORMANCE AND PAYMENT BONDS--

CONSTRUCTION (Nov 2006)

(JULY

2000)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR

2003)

(JAN 1991)

52.232-18 AVAILABILITY OF FUNDS (Apr 1984) (Apr 1984)

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT

FISCAL YEAR (APR 1984)

(APR

1984)

52.236-1 PERFORMANCE OF WORK BY THE

CONTRACTOR (APR 1984)

(APR

1984)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984) (APR

1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS

AFFECTING THE WORK (APR 1984)

(APR

1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984) (APR

1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR

(APR 1984)

(APR

1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991) (NO 1991)

52.236-8 OTHER CONTRACTS (APR 1984) (APR

1984)

52.236-9 PROTECTION OF EXISTING VEGETATION,

STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS (APR 1984)

(APR

1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR

1984)

(APR

1984)

52.236-11 USE AND POSSESSION PRIOR TO

COMPLETION (APR 1984)

(APR

1984)

52.236-12 CLEANING UP (APR 1984) (APR

1984)

52.236-13 I ACCIDENT PREVENTION (NOV 1991)--

ALTERNATE I (NOV 1991)

(NO 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY

SERVICES (APR 1984)

(APR

1984)

52.236-15 SCHEDULES FOR CONSTRUCTION

CONTRACTS (APR 1984)

(APR

1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION (FEB 1997)

(FEB 1997)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION (APR 1984)

(APR

1984)

52.237-3 CONTINUITY OF SERVICES (JAN 1991) (JAN 1991)

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 . (End of clause)

1052.203-9000 NEWS RELEASES AND ADVERTISEMENTS

NEWS RELEASES AND ADVERTISEMENTS (JUN 2005)

The Contractor, or anyone acting on behalf of the Contractor, shall not refer to the equipment 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 equipment 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 the provisions of 31 U.S.C. 333 and this contract. Further, a violation of this provision may be considered during the evaluation of past performance in future competitively negotiated acquisitions. [End of Clause]

1052.204-9001 Identification/Badging Requirements

IDENTIFICATION/BADGING REQUIREMENTS (MAR 1998)

During the period of this contract, access to IRS facilities for contractor representatives shall be granted as deemed necessary by the Government. All contractor employees whose duties under this contract require their presence at any Treasury, or Treasury bureau, facility shall be clearly identifiable by a distinctive badge furnished by the Government. In addition, corporate identification badges shall be worn on the outer garment at all times. It is the sole responsibility of the Contractor to provide this corporate identification. Upon the termination of the employment of any contractor personnel working on this contract, all Government furnished identification shall be returned to the issuing office. All on-site contractor personnel shall abide by security regulations applicable to that site.

[End of clause]

1052.224-9001(b) Disclosure of Information-Sensitive but Unclassified Use Only (March 2008)

Each officer or employee of the contractor or subcontractor at any tier to whom "Sensitive but Unclassified Use Only" information may be made available or disclosed shall be notified in writing by the contractor that "Sensitive but Unclassified Use Only" information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such "Sensitive but Unclassified Use Only" information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. Sections 641 and 3571. Section 641 of 18 U.S.C. provides, in pertinent part, that whoever knowingly converts to his use or the use of another, or without authority sells, conveys, or disposes of any record of the United States or whoever receives the same with the intent to convert it to his use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine or imprisoned up to ten years or both. [End of Clause]

1052.239-9007 Access, Use or Operation of IRS Information Technology (IT) Systems by Contractors

In performance of this contract, the contractor agrees to comply with the following requirements and assume responsibility for compliance by his/her employees:

1. IRS Information Technology Security Policy and Guidance.

All current and new IRS contractor employees authorized staff-like (unescorted) access to Treasury/IRS owned or controlled facilities and information systems, or work, wherever located, on those contracts which involve the design, operation, repair or maintenance of information systems and access to sensitive but unclassified information shall comply with the IRS Information Technology Security Policy and Guidance, Internal Revenue Manual (IRM) 25.10.1. A copy of IRM 25.10.1 may be requested from the contracting officer or Contracting Officer Technical Representative (COTR). Notice: The IRS Policy 87-04 which authorizes limited personal use of IT systems by IRS employees does not apply to contractor employees.

2. Access Request and Authorization.

Within (10) calendar days after contract award, issuance of a task order or other award notice, or acceptance of new or substitute contractor employees by the COTR, the contractor shall provide the COTR a list of names of all applicable contractor employees and the IRS location(s) identified in the contract for which access is requested. A security screening, if determined appropriate by the IRS and in accordance with IRM 1.23.2, Contractor Investigations, and Treasury Directive Policy (TD P) 71-10, Chapter II, Section 2, will be conducted by the IRS for each contractor employee requiring access to IRS_ IT systems, or as otherwise deemed appropriate by the COTR. The Government reserves the right to determine fitness of a contractor employee assigned staff-like access under a contract and whether the employee shall perform or continue performance under the contract. Security screenings of contractor employee which reveal the following may be unacceptable under this contract: conviction of a felony, a crime of violence or a serious misdemeanor, a record of arrests for continuing offenses, or failure to file or pay Federal income tax (not an inclusive list). Upon notification from the National Background Investigations Center (NBIC) of an acceptable contractor employee security screening, the COTR will complete an Online 5081, Information System User Registration/Change Request, for each prime or subcontractor employee and require an electronic signature from each employee indicating the contractor employee has read and fully understands the security requirements governing access to the Service_s IT systems. IRS approval of the Online 5081 is required before a contractor employee is granted access to, use or operation of IRS IT systems. IRM 25.10.1 includes more detailed information on the Online 5081.

3. Contractor Acknowledgement.

The contractor also acknowledges and agrees that he or she understands that all contract employees must comply with all laws, IRS system security rules, IRS security policies, standards, and procedures. The contractor also acknowledges that a contract employee_s unsanctioned, negligent, or willful violation of the laws, IRS system security rules, IRS security policies, standards, and procedures may result in the revocation of access to IRS information technology systems, immediate removal from IRS premises and the contract, and for violations of Federal statute or state laws, the contract employee may be arrested by Federal law enforcement agents.

4. Unauthorized Use of IRS Resources Contractor employees shall not use IRS information technology equipment/resources for activities that are personal in nature or illegal. Other types of actions that are unauthorized include but are not limited to:

(a) Creating, copying, transmitting, or retransmitting greeting cards, screen savers, video, sound (including streaming video or music) or other large file attachments;

subscribing to unofficial LISTSERVs or other services that create a high-volume of email traffic, or using e-mail practices that involve ongoing message receipt and transmission (referred to as instant messaging/messenger). Using _Push_ technology on the Internet, (e.g. subscribing to a service, not authorized by the IRS, that gathers information and sends it out automatically to subscribers), and continuous data streams such as streaming stock quotes are inappropriate uses.

(b) Accessing personal e-mail accounts such as AOL or Hotmail through the IRS Internet firewall, hacker_s information or tools, chat rooms (involving instant messaging) or gambling sites;

(c) Creating, downloading, viewing, storing, copying, or transmitting sexually explicit or sexually oriented materials such as adult pornography;

(d) Downloading, copying, and/or playing of computer video games;

(e) Posting agency information to external news groups, bulletin boards or other public forums without authorization; and

(f) Accessing child pornography, bondage and bestiality, obscenity or other types of images that violate criminal law.

Any unauthorized use may be reported to the Contracting Officer_s Technical Representative (COTR), the Contracting Officer, and the Department of Treasury Inspector General for Tax Administration (TIGTA).

5. Replacement Personnel.

Replacement personnel must be acceptable to the COTR. The contractor shall agree to remove the person assigned within one day of official notification by the Government and provide a replacement within five days. New hires or substitutions of personnel are subject to an acceptable IRS security screening conducted by the IRS National Background Investigation Center (NBIC), prior to being authorized access to IRS facilities and information systems.

6. Monitoring Notification.

IRS management retains the right to monitor both the content and the level of access of contractor employees_ use of IRS IT systems. Contractor employees do not have a right, nor should they have an expectation, of privacy while using any IRS information technology system at any time, including accessing the Internet or using e-mail. Data maintained on government office equipment may be subject to discovery and Freedom of Information Act requests. By using government information technology systems, consent to monitoring and recording is implied with or without cause, including (but not limited to) accessing the Internet or using e-mail or the telephone. Any use of government information technology systems is made with the understanding that such use is generally not secure, is not private and is not anonymous.

7. Subcontracts.

The Contractor shall incorporate this clause in all subcontracts, subcontract task or delivery orders or other subcontract performance instrument where the subcontractor employees will require access, use or operation of IRS information technology systems.

1052.242-9000 POST AWARD EVALUATION OF CONTRACTOR

PERFORMANCE (SEP 2006)

a. Contractor Performance Evaluations

Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. A final performance evaluation will be prepared at the time of completion of work. In addition to the final evaluation, interim evaluations will be prepared to coincide with the anniversary date of the contract. (**If evaluations are to be conducted more or less frequently than annually, modify this sentence as appropriate.)

Interim and final evaluations shall be available to the Contractor through the National Institutes of Health Contractor Performance System (CPS) as soon as practicable after completion of the evaluation. The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement. Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the CO, whose decision shall be final.

Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

b. Electronic Access to Contractor Performance Evaluations

Contractors must register with CPS in order to review and comment on agency prepared contractor interim and final evaluation reports. Contractors can do this by registering online at the CPS web site.

The registration process requires the contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. In addition, the Contractor will be required to identify an alternate contact who will be responsible for notifying the cognizant contracting official in the event the primary contact is unavailable to process the evaluation within the required 30-day time frame.[End of clause]

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (Feb 2010)

As prescribed in 12.301(b)(4), insert the following clause:

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).

x __(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub.

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

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

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

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

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

__ (7) [Reserved] x__ (8) (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.

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

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

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

x__ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

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

__ (11) (i) 52.219-9, Small Business Subcontracting Plan (APR 2008)(15 U.S.C. 637 (d)(4)).

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

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

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

637(a)(14)).

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

__ (14) )(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

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

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

__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business…