TIRWR10R00013_Amendment_2.rtf

OMB Control No. 1505-0081

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

D-0-D9-26-DE-L13 000

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

TIRWR-10-R-00013

6. SOLICITATION ISSUE DATE

07/23/2010

7. FOR SOLICITATION INFORMATION CALL:

a. NAME

LOPER, ASHLEY S

b. TELEPHONE NUMBER (No collect calls) 510-637-2126

8. OFFER DUE DATE/ LOCAL TIME

08/25/2010 02:00 PM

9. ISSUED BY

CODE

IRS0093C

10. THIS ACQUISITION IS

DEPARTMENT OF TREASURY (DY)

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

1301 CLAY STREET SUITE 810S

OAKLAND , CA 94612-5272

UNRESTRICTED OR

X

SET ASIDE:

% FOR

SMALL BUSINESS

EMERGING SMALL BUSINESS

NAICS:561210

HUBZONE SMALL BUSINESS

SIZE STANDARD:

$35.5 Million

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

15. DELIVER TO

CODE

84201001

16. ADMINISTERED BY

CODE

IRS0093C

Internal Revenue Service Ogden Service Center 1160 West 1200 South Street Ogden, UT 84201 801-620-6041

DEPARTMENT OF TREASURY (DY)

ATTN: ASHLEY LOPER

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

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Facilities Operations and Maintenance for the IRS Service Center located in Ogden, Utah.

Contract Type: The Government intends to award a firm-fixed price service contract with an indefinite delivery, indefinite quantity component against which the Government may issue firm-fixed price task orders

Please direct all questions regarding this procurement to Contract

Specialist Ashley Loper at (510) 637-2126 or Ashley.Loper@irs.gov.

(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:

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 19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

AMOUNT (US$)

(CONTINUE)

Offers must be received at the address listed in box 16 by 2:00 p.m.

On 08/25/2010. Late offers will not be accepted.

PHASE-IN PERIOD (PWS Section 3.10.1) Periopd of Performance O

AJ

Due Date: 03/13/2010

Base Year: 03/13/2011 - 03/12/2012

BASIC SERVICES

12.00

MO

The 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); Basic Service Calls

(PWS 3.3); and Preventative Maintenance (PWS 3.4) for the

IRS Service Center located in Ogden, Utah.

NSP

1001A Facility Operations (PWS 3.1) 12.00

MO

1001B Building Systems Water Treatment (PWS Section 3.2) 12.00

MO

1001C Service Calls (PWS Section 3.3) 12.00

MO

1001D Preventive Maintenance (PWS Section 3.4) 12.00

MO

ADDITIONAL SERVICES: The contractor shall provide 13,240.00

HR

additional services as described in Section 4 of the Performance

Work Statement (PWS). This CLIN includes indefinite delivery indefinite quantity services which will be ordered by task order.

(Hours given are estimates and provided for evaluation purposes only)

The total amount of hours for certain labor categories are split in half, as indicated in the specific sub-CLINs.

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

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL

FINAL

38. S/R ACCOUNT NUMBER

39.S/R VOUCHER NUMBER

40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42.a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42.c DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

For these labor categories, One half of the total amount of hours estimated shall be priced in accordance with the applicable Service

Contract Act (SCA) wage determination; the other half shall be priced in accordance with the applicable Davis Bacon wage agreement.

1002A Maintenance Mechanic: Regular Hours

Service Contract Act Wage Determination hours 800.00

HR

Davis Bacon wage agreement hours

HR

1002B Maintenance Mechanic: Overtime, Weekend, & Holidays

10.00

HR

HR

1002C Electrician: Regular Hours

600.00

HR

HR

1002D Electrician: Overtime, Weekend, & Holidays

HR

HR

1002E HVAC Mechanic: Regular Hours

1,200.00

HR

HR

1002F HVAC Mechanic: Overtime, Weekend, & Holidays

HR

HR

1002G Machinery Maintenance Mechanic: Regular Hours

1,000.00

HR

HR

1002H Machinery Maintenance Mechanic: Overtime, Weekend, and

Holiday Hours

HR

HR

1002I Project Manager: Regular Hours 400.00

HR

1002J Project Manager: Overtime, Weekend, and Holidays 10.00

HR

1002K Fire Alarm System Technician: Regular Hours

500.00

HR

HR

1002L Fire Alarm System Technician: Overtime, Weekend & Holiday hours

FORM 1449 CONTINUE SHEET 1

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

AMOUNT (US$)

Service Contract Act Wage Determination hours 5.00

HR

5.00

HR

1002M Computer Programmer: Regular Hours 900.00

HR

0002N Computer Programmer: Overtime, Weekend, and Holidays 10.00

HR

1002O Plumber: Regular Hours

200.00

HR

HR

1002P Plumber: Overtime, Weekend, and Holidays

HR

HR

1002Q Snow Removal Operator and Equipment: Regular Hours 3,200.00

HR

Equipment Required May Include:

Grader, Patrol Type, 12' Blade

Dump Truck, 14 to 18 yards

Dump Truck, 15 Ton W/Blade

Front End Loader, 2-3 Yards

Front End Loader, 3-4 Yards

One Ton Truck W/Blade

Sand Spreader, Mechanical

Sand Mix (Per Ton)

Sidewalk Size Tractor

Sidewalk Labor

1002R Snow Removal Operator and Equipment: Overtime, Weekend, 10.00

HR

and Holidays

HANDLING FEE RATE

1.00

EA

Contractor shall receive handling fee for acquiring subcontractor, material and equipment rental for IDIQ CLIN orders, as needed.

Percentage is __% of $500,000 (this is an estimated amount for evaluation purposes only). (Note: IDIQ CLIN ordered as needed.)

Option Year One: 03/13/2012 - 03/12/2013

12.00

MO

described in the attached Performance Work Statement, which includes Facility Operations (PWS 3.1); Building

Systems Water Treatment (PWS 3.2); Basic Service Calls

FORM 1449 CONTINUE SHEET 2

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

(PWS 3.3); and Preventative Maintenance (PWS 3.4) for the

IRS Service Center located in Ogden, Utah.

2001A Facility Operations (PWS 3.1) 12.00

MO

2001B Building Systems Water Treatment (PWS Section 3.2) 12.00

MO

2001C Service Calls (PWS Section 3.3) 12.00

MO

2001D Preventive Maintenance (PWS Section 3.4) 12.00

MO

ADDITIONAL SERVICES: The contractor shall provide additional 13,240.00

HR

services as described in Section 4 of the Performance Work

Statement (PWS). This CLIN includes indefinite delivery

For these labor categories, one-half of the total amount of hours

2002A

HR

HR

2002B

HR

HR

2002C

HR

HR

2002D

HR

HR

2002E

HR

HR

2002F

HR

HR

2002G

HR

HR

2002H

HR

HR

2002I

400.00

HR

FORM 1449 CONTINUE SHEET 3

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

2002J

10.00

HR

2002K

HR

HR

2002L Fire Alarm System Technician: Overtime, Weekend, and Holidays

HR

HR

2002M

900.00

HR

2002N

10.00

HR

2002O

HR

HR

2002P

HR

HR

2002Q

3,200.00

HR

2002R

10.00

HR

1.00

EA

evaluation purposes only)( Note: IDIQ CLIN ordered as needed.)

FORM 1449 CONTINUE SHEET 4

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

Option Year Two: 03/13/2013 - 03/12/2014

12.00

MO

described in the attached Performance Work Statement, which includes Facility Operations (PWS 3.1); Building Systems

Water Treatment (PWS 3.2); Basic Service Calls (PWS 3.3);

and Preventative Maintenance (PWS 3.4) for the IRS Service

Center located in Ogden, Utah.

3001A Facility Operations (PWS 3.1) 12.00

MO

3001B Building Systems Water Treatment (PWS Section 3.2) 12.00

MO

3001C Service Calls (PWS Section 3.3) 12.00

MO

3001D Preventive Maintenance (PWS Section 3.4) 12.00

MO

13,240.00

HR

3002A

HR

HR

3002B

HR

HR

3002C

HR

HR

3002D

HR

HR

3002E

HR

HR

3002F

HR

HR

3002G

HR

HR

FORM 1449 CONTINUE SHEET 5

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

3002H

HR

HR

3002I

400.00

HR

3002J

10.00

HR

3002K

HR

HR

3002L Fire Alarm System Technician: Overtime, Weekend, and

Holidays

HR

HR

3002M

900.00

HR

3002N

10.00

HR

3002O

HR

HR

3002P

HR

HR

3002Q

3,200.00

HR

3002R

10.00

HR

FORM 1449 CONTINUE SHEET 6

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

1.00

EA

evaluation purposes only) (Note: IDIQ CLIN ordered as needed.)

Option Year Three: 03/13/2014 - 03/12/2015

12.00

MO

4001A Facility Operations (PWS 3.1) 12.00

MO

4001B Building Systems Water Treatment (PWS Section 3.2) 12.00

MO

4001C Service Calls (PWS Section 3.3) 12.00

MO

4001D Preventive Maintenance (PWS Section 3.4) 12.00

MO

13,240.00

HR

4002A

HR

HR

4002B

HR

HR

4002C

HR

HR

FORM 1449 CONTINUE SHEET 7

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

4002D

HR

HR

4002E

HR

HR

4002F

HR

HR

4002G

HR

HR

4002H

HR

HR

4002I

400.00

HR

4002J

10.00

HR

4002K

HR

HR

4002L

HR

HR

4002M

900.00

HR

4002N

10.00

HR

4002O

HR

HR

4002P

HR

HR

4002Q

3,200.00

HR

FORM 1449 CONTINUE SHEET 8

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

4002R

10.00

HR

1.00

EA

evaluation purposes only) (Note: IDIQ CLIN ordered as needed.)

Option Year Four: 03/13/2015 - 03/12/2016

12.00

MO

5001A Facility Operations (PWS 3.1) 12.00

MO

5001B Building Systems Water Treatment (PWS Section 3.2) 12.00

MO

5001C Service Calls (PWS Section 3.3) 12.00

MO

5001D Preventive Maintenance (PWS Section 3.4) 12.00

MO

13,240.00

HR

FORM 1449 CONTINUE SHEET 9

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

5002A

HR

HR

5002B

HR

HR

5002C

HR

HR

5002D

HR

HR

5002E

HR

HR

5002F

HR

HR

5002G

HR

HR

5002H Machinery Maintenance Mechanic: Overtime, Weekend, and Holiday Hours

HR

HR

5002I

400.00

HR

5002J

10.00

HR

5002K

HR

HR

5002L

HR

HR

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

5002M

900.00

HR

5002N Computer Programmer: Overtime, Weekend, and 10.00

HR

5002O

HR

HR

5002P

HR

HR

5002Q Snow Removal Operator and Equipment: Regular 3,200.00

HR

Hours

5002R Snow Removal Operator and Equipment:

10.00

HR

Overtime, Weekend, and Holidays

1.00

EA

evaluation purposes only)

(Note: IDIQ CLIN ordered as needed.)

FORM 1449 CONTINUE SHEET 11

Page of 114

52.252-1 Clauses Incorporated by Reference (Feb 1998) This solicitation incorporates one or more contract 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 solicitation provision may be accessed electronically at this/these address(es): http://www.arnet.gov/far/

NUMBER

TITLE

DATE

52.212-4 Contract Terms and Conditions-Commercial Items (Mar 2009) 52.204-4

PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER

(AUG 2000)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sept 2006) 52.217-2

CANCELLATION UNDER MULTI-YEAR CONTRACTS

(OCT 1997)

52.217-8

OPTION TO EXTEND THE TERM OF SERVICE

(NOV 1999)

52.222-6

DAVIS-BACON ACT

(JULY 2005)

52.222-7

WITHHOLDING OF FUNDS

(FEB 1988)

52.222-8

PAYROLLS AND BASIC RECORDS

(FEB 1988)

52.222-9

APPRENTICES AND TRAINEES

(JULY 2005)

52.222-10

COMPLIANCE WITH COPELAND ACT REQUIREMENTS

(FEB 1988)

52.222-11

SUBCONTRACTS (LABOR STANDARDS)

(JULY 2005)

52.222-12

CONTRACT TERMINATION--DEBARMENT

(FEB 1988)

52.222-13

COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS

(FEB 1988)

52.222-14

DISPUTES CONCERNING LABOR STANDARDS

(FEB 1988)

52.222-15

CERTIFICATION OF ELIGIBILITY

(FEB 1988)

52.222-27

AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

(FEB 1999)

52.222-30 Davis-Bacon Act--Price Adjustment (None or Separately Method)

(DEC 2001)

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)

52.223-6

DRUG-FREE WORKPLACE

(May 2001) 52.223-10

WASTE REDUCTION PROGRAM

(AUG 2000)

52.223-12

REFRIGERATION EQUIPMENT AND AIR CONDITIONERS

(MAY 1995)

52.227-1

AUTHORIZATION AND CONSENT

(Dec 2007) 52.227-2

NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT

(Dec 2007) 52.228-5

INSURANCE--WORK ON A GOVERNMENT INSTALLATION

(JAN 1997)

52.228-11

PLEDGES OF ASSETS

(Sep 2009) 52.232-18

AVAILABILITY OF FUNDS

(Apr 1984) 52.232-19

AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

52.236-2

DIFFERING SITE CONDITIONS

(APR 1984)

52.236-3

SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK

(APR 1984)

52.236-5

MATERIAL AND WORKMANSHIP

(APR 1984)

52.236-6

SUPERINTENDENCE BY THE CONTRACTOR

(APR 1984)

52.236-7

PERMITS AND RESPONSIBILITIES

(NOV 1991)

52.236-8

OTHER CONTRACTS (

(APR 1984)

52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS

(APR 1984)

52.236-10

OPERATIONS AND STORAGE AREAS

(APR 1984)

52.236-11

USE AND POSSESSION PRIOR TO COMPLETION

(APR 1984)

52.236-12

CLEANING UP

(APR 1984)

52.236-13

ACCIDENT PREVENTION

(NOV 1991)

52.236-13 I

ACCIDENT PREVENTION (NOV 1991)--ALTERNATE I

(NOV 1991)

52.236-14

AVAILABILITY AND USE OF UTILITY SERVICES

(APR 1984)

52.236-15

SCHEDULES FOR CONSTRUCTION CONTRACTS

(APR 1984)

52.236-19

ORGANIZATION AND DIRECTION OF THE WORK (

(APR 1984)

52.236-21

SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(FEB 1997)

52.237-2

PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION

(APR 1984)

52.237-3

CONTINUITY OF SERVICES

(JAN 1991)

52.242-3

PENALTIES FOR UNALLOWABLE COSTS

(MAY 2001)

52.242-13

BANKRUPTCY

(JUL 1995)

52.242-15

STOP-WORK ORDER

(AUG 1989)

52.242-17

GOVERNMENT DELAY OF WORK

(APR 1984)

52.243-4

CHANGES

(JUN 2007)

52.243-5

CHANGES AND CHANGED CONDITIONS

(APR 1984)

52.244-4 SUBCONTRACTORS AND OUTSIDE ASSOCIATES AND CONSULTANTS (ARCHITECT-ENGINEER SERVICES)

(AUG 1998)

52.246-12

INSPECTION OF CONSTRUCTION

(AUG 1996)

52.246-21

WARRANTY OF CONSTRUCTION

(MAR 1994)

52.249-8

DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)

(APR 1984)

52.209-4 Personnel Identity Verification of Contractor Personnel (Sept 2007)

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

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

52.216-18 ORDERING (OCT 1995) (DEVIATION)

(a) Any supplies and services to be furnished under the Indefinite Delivery, Indefinite Quantity portion of 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 March 14, 2011 through March 13, 2015.

(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 $3,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $500,000;

(2) Any order for a combination of items in excess of $500,000; or

(3) A series of orders from the same ordering office within 10 business days that together call for quantities exceeding the limitation in subparagraph (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 10 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)

52.216-22 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 March 14, 2015. (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 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days 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 69 months.

(End of clause)

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items. (MAY 2008)

(a) Definitions. As used in this clause-- "Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material."

"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to . Primary COTR Carl Rose, (801) 620-6041 (End of clause)

52.223-9 I ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR PRODUCTS (MAY 2008)--ALTERNATE I (MAY 2008)

As prescribed in 23.406(d), redesignate paragraph (b) of the basic clause as paragraph (c) and add the following paragraph (b) to the basic clause:

(b) The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(i)(2)(C)):

CERTIFICATION

I, _________________________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated products met the applicable contract specifications.

____________________________________________________________________ [Signature of the Officer or Employee]

____________________________________________________________________ [Typed Name of the Officer or Employee]

____________________________________________________________________ [Title]

____________________________________________________________________ [Name of Company, Firm, or Organization]

____________________________________________________________________ [Date] (End of certification)

52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

(a) Definition. "Ozone-depleting substance," as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows: "WARNING: Contains (or manufactured with, if applicable) ___________*________, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere." *The Contractor shall insert the name of the substance(s). (End of clause)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

(MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY (IT IS NOT A WAGE DETERMINATION):

see table below (End of clause)

Wage Equivalency Tables - Ogden Service Center

Position Title

PP

GD

WG Step 1 w/32.85 Benefits

DOL#

DOL Job Title General Foreman

WS

$39.00 23410 Heating, Ref. & AC A/C Equip. Mech.

WG

$30.01 23410 Heating, Ref. & AC Electrician

WG

$30.01 23160 Electrician Maint.

A/C Equip. Operator

WG

$30.01 23410 Heating Ref. & AC Maintenance Mechanic

WG

$28.23 23370 Gen. Maint. Worker Maintenance Worker

WG

$24.60 23370 Gen. Maint. Worker Supervisor

GS

N/A N/A N/A Administrative Assistant

GS

$19.93 01118 Clerk IV

Fringe Benefits:

Total fringe benefit factor is 32.85 percent.

Contribution of 5.7 percent of basic hourly rate for insurance (health and life), 25.45 percent for retirement, 25 percent for other fringe benefits and 1.45 percent for Medicare.

Ten paid holidays as follows: (i) 2 hours of annual leave each week for an employee with less than three years of service: (ii)3 hours of annual leave each week for employee with 3 but less than 15 years of service; (iii) 4 hours of annual leave each week for an employee with 15 years of service. (In the forgoing clause, the basic hourly rate by classification above shall be Wage Board Pay Schedule Step 2 for non-supervisory service employees and Step 3 for supervisory service employees. General Schedule Step 1 hourly rate is provided for both supervisory and non-supervisory General Schedule employees.

NONDISPLACEMENT OF QUALIFIED WORKERS

"(a) Consistent with the efficient performance of this contract, the contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those employees (other than managerial and supervisory employees) employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal of employment under this contract in positions for which employees are qualified. The contractor and its subcontractors shall determine the number of employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor contractor employed in connection with performance of the work. Except as provided in paragraph (b) there shall be no employment opening under this contract, and the contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation. The contractor and its subcontractors shall make an express offer of employment to each employee as provided herein and shall state the time within which the employee must accept such offer, but in no case shall the period within which the employee must accept the offer of employment be less than 10 days.

"(b) Notwithstanding the obligation under paragraph (a) above, the contractor and any subcontractors (1) may employ under this contract any employee who has worked for the contractor or subcontractor for at least 3 months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (2) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act of 1965, as amended, 41 U.S.C. 357(b), and (3) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor whom the contractor or any of its subcontractors reasonably believes, based on the particular employee's past performance, has failed to perform suitably on the job.

"(c) In accordance with Federal Acquisition Regulation 52.222–41(n), the contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor contractors or their subcontractors. The Contracting Officer will provide the list to the successor contractor, and the list shall be provided on request to employees or their representatives.

"(d) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the contractor or its subcontractors, as provided in Executive Order (No.) 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law.

"(e) In every subcontract entered into in order to perform services under this contract, the contractor will include provisions that ensure that each subcontractor will honor the requirements of paragraphs (a) through (b) with respect to the employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor contractor and its subcontractors. The subcontract shall also include provisions to ensure that the subcontractor will provide the contractor with the information about the employees of the subcontractor needed by the contractor to comply with paragraph 5(c), above. The contractor will take such action with respect to any such subcontract as may be directed by the Secretary as a means of enforcing such provisions, including the imposition of sanctions for non-compliance: provided, however, that if the contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the contractor may request that the United States enter into such litigation to protect the interests of the United States."

1052.203-9000 NEWS RELEASES AND ADVERTISEMENTS

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]

1052.224-9000(a) Disclosure of Information-Safeguards (January 1998) In performance of this contract, the Contractor agrees to comply and assume responsibility for compliance by its employees with the following requirements:

(1) All work shall be performed under the supervision of the contractor or the contractor's responsible employees.

(2) Any return or return information made available shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. Inspection by or disclosure to anyone other than an officer or employee of the contractor shall require prior written approval of the Internal Revenue Service. Requests to make such inspections or disclosures should be addressed to the IRS Contracting Officer.

(3) Should a person (contractor or subcontractor) or one of his/her employees make any unauthorized inspection(s) or disclosure(s) of confidential tax information, the terms of the Default (Fixed Price Supply and Service)clause (FAR 52.249-8), incorporated herein by reference, may be invoked, and the person (contractor or subcontractor) will be considered to be in breach of this contract.

[End of Clause]

1052.224-9000(d) Disclosure of "Sensitive but Unclassified" Information Safeguards (March 2008)

Any Treasury Department Information made available or to which access is provided, and which is marked or should be marked "Sensitive but Unclassified Use Only", shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. Disclosure to anyone other than an officer or employee of the contractor or subcontractor at any tier shall require prior written approval of the IRS. Requests to make such disclosure should be addressed to the IRS Contracting Officer. [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]

1052.204-9001 IDENTIFICATION/BADGING REQUIREMENTS

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]

1052.204-9003 Information Security Training Requirements (Mar 2008)

(a) The Federal Information Security Management Act of 2002 (FISMA) requires each federal agency to provide periodic information security awareness training to all employees, including contractors, involved in the management, use, or operation of Federal information and information systems. In addition, IRS contractors and their employees are subject to the Taxpayer Browsing Protection Act of 1997, which prohibits willful unauthorized inspection of returns and return information. Violation of the Act could result in civil and criminal penalties.

(b) Contractors and their employees who require staff-like access to IRS information or information systems at an IRS facility or a contractor-owned/managed facility shall complete IRS security awareness training annually, as specified in the contract.

NOTE: "IRS information" means Sensitive But Unclassified (SBU) information, which includes Federal tax returns or return information, Official Use Only (OUO) information, Personally Identifiable Information (PII) and Privacy Act information.

(c) The specified training shall be completed within 30 days of award. Annually thereafter, contractor employees shall complete the briefing during the 2nd Quarter and up to April 30, of the fiscal year. Contractor employees assigned to a contract during the period of performance shall complete the required training within 30 days of their start work date.

(d) Contractors shall verify in writing within 30 days of award, and by May 12, of each year thereafter, that all of their affected employees have successfully completed the specified training. Verification reports shall be signed by an official with the legal authority to bind the Contractor.

(e) The IRS will provide access to the training material. Electronic copies of the Information Protection Briefing and ?Awareness Briefing Certification Form? are available on MITS Cybersecurity website,n http://mass.web.irs.gov/ITSec/ContractorSecurityTraining.asp . A PowerPoint version of the briefing and copy of the certification form are available for contractors that do not have access to the IRS intranet by the COTR.

(f) No work shall be performed until the contractor employee has completed the specified briefing. If the required training is not completed within the time frame specified, the contractor employee's application for system and/or building access will be suspended and any current access will be terminated.

[End of clause] Alternate 1 (JUN 2007)

Substitute the following paragraphs (c), (d) and (f) for paragraphs (c), (d) and (f) of the basic clause when an existing contract, task/delivery/purchase order, interagency agreement, or BPA is being modified.

(c) All training shall be completed within 30 days of contract modification and annually thereafter during the 2nd Quarter and up to April 30, of the fiscal year. Contractor employees assigned to a contract during the period of performance shall complete the required training within 30 days of their start work date.

(d) Contractors shall certify in writing within 30 days of contract modification, and annually thereafter by May 12, that all of their affected employees have successfully completed the specified training. Certifications shall be signed by an official with the legal authority to bind the Contractor.

(f) If the required training is not completed within the time frame specified, the contractor employee's application for system and/or building access will be suspended and any current access will be terminated.

DT1052.228-70 INSURANCE (MAR 2002)

In accordance with the clause entitled "Insurance -- Work on a Government Installation" [or "Insurance --Liability to Third Persons"] in Section I, insurance of the following kinds and minimum amounts shall be provided and maintained during the entire period of performance of this contract:

(a) Worker’s compensation and employer's liability. The contractor shall, as a minimum, meet the requirements specified at FAR 28.307-2(a).

(b) General liability. The contractor shall, as a minimum, meet the requirements specified at FAR 28.307-2(b).

(c) Automobile liability. The contractor shall, as a minimum, meet the requirements specified at FAR 28.307-2(c).

(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]

DT1052.201-70 COTR Appointment and Authority (APR 2004)

(a) The contracting officer’s technical representative is This information will be provided after contract award.

(b) Performance of work under this contract must be subject to the technical direction of the COTR identified above, or a representative designated in writing. The term 3technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the specification(s)/work statement. The COTR does not have authority to issue technical direction that:

(1) constitutes a change of assignment or additional work outside the specification(s)/work statement;

(2) constitutes a change as defined in the clause entitled 3Changes";

(3) in any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) directs, supervises or otherwise controls the actions of the contractor's employees.

(d) Technical direction may be oral or in writing. The COTR shall confirm oral direction in writing within five work days, with a copy to the contracting officer.

(e) The contractor shall proceed promptly with performance resulting from the technical direction issued by the COTR. If, in the opinion of the contractor, any direction of the COTR, or his/her designee, falls within the limitations in (c), above, the contractor shall immediately notify the contracting officer no later than the beginning of the next…