Role_Player_Services_Solicitation.pdf
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- Attached to
- Professional Role Player Services Federal contract opportunity
- Solicitation number
- TSBR201600001
- Issued by
- The Legislative Branch
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RFP for Professional Role Player Services
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| File | Type | Posted |
|---|---|---|
| Solicitation_Questions_with_Responses.docx | DOCX document | |
| RPS_RFP_Amendment.docx | DOCX document | |
| Attachment_Three.doc | DOC document | |
| Attachment_Two.pdf | ||
| Attachment_Four.pdf | ||
| Attachment_Five.pdf | ||
| Attachment_One.pdf |
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Document Type: QSU Document Number: TSBR201600001 Page 1 of 61
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
1. REQUISITION NUMBER
TSB201600007
5. SOLICITATION NUMBER
TSBR201600001
6. SOLICITATION ISSUE
DATE
06/17/2016
7. FOR SOLICITATION INFORMATION
CALL:
a. NAME Shavonne Shaw
b. TELEPHONE NUMBER (No collect calls) 202-593-3529
8. OFFER DUE DATE / LOCAL
TIME
07/15/2016 03:00:00
9. ISSUED BY
UNITED STATES CAPITOL POLICE
Office of Procurement
CODE UISS 10. THE ACQUISITION IS
SMALL BUSINESS
X UNRESTRICTED OR SET ASIDE: % FOR
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
119 D Street, NE Washington, DC 20510
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
SMALL BUSINESS PROGRAM
ECONOMICALLY DISADVANTAGE
WOMEN-OWNED SMALL BUSINESS
(EDWOSB)
8(A)
NAICS: 541990
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING UNLESS BLOCK IS MARKED 0 Days: 0.00 %
0 Days: 0.00 %
13a. THIS CONTRACT IS
SEE
SCHEDULE
0 Days: 0.00 % 0 Days: 0.00 %
RATED ORDER UNDER DPAS
14. METHOD OF SOLICITATION
RFQ IFB X RFP
15. DELIVER TO
USCP, FLETC
TSB-EXECUTIVE/ENTRY LEVEL & IN-SERVICE DIVISIONS
Building 31, 2nd Floor 9000 Commo Road Cheltenham, MD 20623
CODE
TSB-EE
16. ADMINISTERED BY
UNITED STATES CAPITOL POLICE
Office of Procurement 119 D Street, NE
CODE UISS
17a. CONTRACTOR/
OFFEROR
CODE FACILITY
CODE
18a. PAYMENT WILL BE MADE BY
US CAPITOL POLICE
email invoices to accountspayable@uscp.gov Ph. 202-593-4271 119 D Street, NE
CODE
Telephone No.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS
OFFER CHECKED SEE ADDENDUM
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES
(Use Reverse and/or Attach Additional Sheets as Necessary)
21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT
See Lines
25. ACCOUNTING AND APPROPRIATION DATA
USCP-2015-USP-TRNG-SVCS-8571-2526-TSB-100-2015
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 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.
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 THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 5/2011)
Prescribed by GSA - FAR (48 CFR) 53.212 mailto:accountspayable@uscp.gov
Document Type: QSU Document Number: TSBR201600001 Page 2 of 61
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
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 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 5/2011) BACK
Document Type: QSU Document Number: TSBR201600001 Page 3 of 61
Table of Contents
Section Description Page Number
B Supplies or Services and Prices/Costs…………………………………………………………………………..4 C Statement of Work…………………………………………………………………………………………… D Packaging and Marking……………………………………………………………………………………… E Inspection and Acceptance………………………………………………………………………………… F Deliveries or Performance……………………………………………………………………………………….9 G Contract Administration Data……………………………………………………………………………… H Special Contract Requirements……………………………………………………………………………… I Contract Clauses…………………………………………………………………………………………… J List of Attachments……………………………………………………………………………………………..48 K Representations, Certifications and Other Statements of Offerors or Respondents………………………… L Instructions, Conditions and Notices to Offerors or Respondents………………………………………….…..58 M Evaluation Factors for Award……………………………………………………………………………….….59
Document Type: QSU Document Number: TSBR201600001 Page 4 of 61
Description: Professional Role Player Services
Item No. Supplies or Services Quantity Unit Unit Price Amount
Services
1.000000
Reference Line: IQ1 - TSB201500007 – 1
B. Supplies or Services and Prices/Costs
1. Type of Contract
The United States Capitol Police (USCP) anticipates awarding an Indefinite Delivery, Indefinite Quantity (IDIQ) Contract and will issue Task Orders on a Firm Fixed Price basis for the performance of Professional Role Player Services as identified in Section C - Statement of Work. The resultant contract will have a base period plus four (4) one-year option periods which shall be exercised upon the request of the USCP.
2. Contract Price
The Contractor shall furnish to the USCP the professional resources and materials to support the requirement. The USCP reserves the right to add or delete requirements over the life of the contract via contract modification.
The following Contract Line Item Numbers (CLINs) identify anticipated descriptions/categories needed under this contract. However, the contractor is encouraged to identify and state all elements needed for the proposed solution. The contractor shall propose fully loaded rates for each labor category.
2.1 Base Period
The base period of performance will be from date of award through twelve (12) calendar months. Award of this contract is anticipated to be no later than August 31, 2016.
CLIN Description Quantity Unit Cost (Rate Per Hour)
Total
0001 Role Player (Recruit Officer Class) 10 hours 0002 Role Player (Experienced Officer Training
Program) 10 hours
0003 Role Player (Security Training Exercise and Assessment Program)
10 hours
0004 Role Player Site Supervisor 10 hours
2.2 Option Period 1
The period of performance, if exercised, is from the completion date of the base period through twelve (12) calendar months thereafter.
Total
1001 Role Player (Recruit Officer Class) 10 hours 1002 Role Player (Experienced Officer Training
Program) 10 hours
1003 Role Player (Security Training Exercise and Assessment Program)
10 hours
1004 Role Player Site Supervisor 10 hours
Document Type: QSU Document Number: TSBR201600003 Page 5 of 61
2.3 Option Period 2
The period of performance, if exercised, is from the completion date of Option Period 1 through twelve (12) calendar months
Total
2001 Role Player (Recruit Officer Class) 10 hours 2002 Role Player (Experienced Officer Training
Program) 10 hours
2003 Role Player (Security Training Exercise and Assessment Program)
10 hours
2004 Role Player Site Supervisor 10 hours
2.4 Option Period 3
The period of performance, if exercised, is from the completion date of Option Period 2 through twelve (12) calendar months
Total
3001 Role Player (Recruit Officer Class) 10 hours 3002 Role Player (Experienced Officer Training
Program) 10 hours
3003 Role Player (Security Training Exercise and Assessment Program)
10 hours
3004 Role Player Site Supervisor 10 hours
2.5 Option Period 4
The period of performance, if exercised, is from the completion date of Option Period 3 through twelve (12) calendar months
Total
4001 Role Player (Recruit Officer Class) 10 hours 4002 Role Player (Experienced Officer Training
Program) 10 hours
4003 Role Player (Security Training Exercise and Assessment Program)
10 hours
4004 Role Player Site Supervisor 10 hours
*Quantity amounts of each CLIN will vary on the Task Orders. For the purposes of price evaluation, please propose the unit cost of one (1) role player at ten (10) hours for each CLIN.
USCP52.014 Contract Minimum and Maximum
The contract minimum is $5,000.00 and the maximum aggregate value of the delivery orders issued under this contract, including those issued by other Federal Government Agencies, shall not exceed $5,000,000.00.
USCP52.015 Order Limitations
a. Minimum order. When the Government requires supplies covered by this contract in an amount of less than $5,000.00, 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 any order in excess of $5,000,000.00.
USCP52.039 Availability of Funds
The USCP’s obligation under this order is contingent upon the availability of appropriated funds from which payment for contracting purposes can be made. No legal liability on the part of the USCP may arise until the funds are made available to the Contracting Officer for this contract action.
Document Type: QSU Document Number: TSBR201600003 Page 6 of 61
C. Statement of Work
1. Purpose
The mission for the USCP is to provide training necessary to prepare Department employees to act decisively and correctly in a broad spectrum of situations. The Training Services Bureau is committed to meeting the changing needs of the Department and its employees, to achieve the maximum value for each training hour, and to meet the Department's goals and objectives. The Training Services Bureau prepares recruit police officers to leave the training academy in a well-developed capacity to provide a wide range of law enforcement assistance and services and to adequately prepare recruit police officers and other sworn officers and staff to meet real world situations unique to the U.S. Capitol complex and to effectively accomplish the department's mission.
2. Scope
In order to meet the objectives stated above, the contractor shall provide professional role playing services in the form of highly qualified trained role players who will provide practical training exercises to USCP personnel as needed. Training primarily will be held at the Federal Law Enforcement Training Center (FLETC) in Cheltenham, Maryland; however, it may occasionally occur in Washington, D.C. on the U.S. Capitol complex.
3. Requirements
The contractor shall be responsible for providing qualified staff to perform all practical exercises as identified by USCP agents. These services will include providing a range of up to 88 hours of practical exercise participation by qualified role players for each 48 member recruit class and 64 hours of participation for each 24 member recruit class of entry-level officers. These exercises shall be varied and targeted for law enforcement personnel as directed on a case-by-case basis and represent real-life scenarios in order to prepare entry-level recruits to meet the challenges they may face in the application of their roles as police officers. The contractor shall provide role players in adequate numbers for other specific advanced training to in-service staff and officers as necessary to meet the mission of the Department. The contractor shall be responsible for providing qualified staff to perform practical exercises as identified by USCP agents for the Experienced Officer Training Program (EOTP), Security Training Exercise and Assessment (STEA) Program and any other specialty training identified by USCP agents.
Role Players will be required to comply with the following criteria:
1. Be able to be handcuffed for prolonged periods of time.
2. Be comfortable with having student officers and sworn officers frisk and search them while they are handcuffed.
3. Be able to stand and lay prone for extended periods of time with and without wearing handcuffs.
4. Be able to participate in scenario training where they may be shot with non-lethal marking ammunition.
5. Be able to wear safety equipment consisting of a full face helmet, throat guard and groin guard.
6. Be willing to, when asked by TSB staff, to fire a handgun that contains blank and marking non-lethal ammunition, after being instructed on the safe method by TSB personnel.
7. Be able to stay on script for the scenario without adlibbing or changing the scope of the scenario itself.
8. Be willing to wear clothing appropriate to the significance of the scenario training.
9. Adhere to the no cell phone, no smoking and no tobacco products policy during training.
The U.S. Capitol Police Training Academy will need the following role players at the stated levels:
For Recruit Officer Classes (ROC):
1. Practical exercises requiring 8-12 role players each for a full 8-hour day.
2. Miscellaneous exercises requiring 8-12 role players for a full 8-hour day.
3. Officer Safety Training practical exercises requiring 8-12 role players for a full 8-hour day.
For Experienced Officer Training (EOTP):
1. Practical exercises requiring 8-12 role players for 16 hours for each 2-day class. Class schedules may vary due to manpower needs of the Department. Training exercises will be scheduled to avoid overtime. However, should a situation require additional hours, the COR will authorize on a case-by-case basis at the standard hourly rate.
For Security Training Exercise and Assessment (STEA) Program:
STEA exercises require 1 role player a day (length of exercise to be determined) for each exercise.
Based on the amount of role players needed on any given day for each training course/program, the contractor must be able to provide at least 35 role players per day when requested.
Document Type: QSU Document Number: TSBR201600003 Page 7 of 61
PURPOSE:
The purpose is to:
• Identify weaknesses in the security of the Capitol Complex, including officer complacency
• Exploit these weaknesses in order to gain entry into secured areas with and without USCP-approved simulated threat items in packages/items submitted for x-ray screening, or hidden on a person
• Determine if officers assigned to security responsibilities are adhering to and respond in accordance with established USCP policies and security screening standard operating procedures
• Recommend corrective actions to improve or rectify the weaknesses.
SUMMARY:
Role players will attempt to enter secured areas carrying simulated guns, knives, explosives, bomb parts, and other prohibited items in their property submitted for x-ray screening, on their person, or in their vehicle. Simulated guns will only be carried in sealed packages that are to be subject to x-ray.
SAFETY:
1. Safety is the first priority in all STEA exercises. All individuals involved in a STEA exercise are responsible for ensuring safety.
2. Every individual involved in a STEA exercise is required to stop an exercise if they detect any safety violation or if there is any concern about the safety of anyone involved in the exercise or to the public.
3. Any person, regardless of rank, can stop an operation at any time due to a safety concern. A code word will be used to terminate an operation. Employees in the field, however, will treat this word as an indication that it may be a STEA exercise. A member of the STEA exercise will confirm that an exercise was conducted and will produce USCP police credentials or a memorandum identifying them as a carrier.
4. Civilian role players will not use or physically carry training firearms during these exercises.
The Contractor shall insure that role players arrive promptly at the scheduled time and place for all training exercises and they are appropriately dressed according to instructions from the COR or agent. Any travel costs or parking fees will be the responsibility of the Contractor. During the EOTP training, some of which is conducted off-site, live simunitions ammunition will be used (paint balls or other non-lethal type ammunition). The Bureau shall provide any special safety equipment necessary to the role players for the Experienced Officer Training Program during simunitions training. However, it is suggested that male role players provide their own protective cups and all participants wear long-sleeved shirts and no open-toed shoes for that particular training venue.
4. Notification/Cancellation
Recognizing the unpredictable requirements of a law enforcement agency, situations develop that might require short notice or cancellation of training. Such incidents could range from emergency manpower requirements to a change in the Homeland Security Alert Code due to a heightened alert situation. While every effort to give notice to the contractor of the cancellation or rescheduling of training, it is not always possible to make adequate notice. The contractor shall not penalize the U.S. Capitol Police when notification has been made at least 48 hours in advance of scheduled training of any changes or cancellation.
The Contracting Officer's Representative (COR) may schedule, cancel or alter training requirements as needed.
5. Security Requirements
All contractual personnel (role players) shall be required to meet the security requirements as determined by the Department of Homeland Security, Office of Special Investigation & Security, Federal Law Enforcement Training Center (FLETC) Cheltenham, MD and those of the U.S. Capitol Police. Such requirements will include, but are not limited to, a criminal background check and other screening of all persons wishing to enter the facility as determined necessary by the FLETC and the U.S. Capitol Police. No person may be granted access to the FLETC that has not successfully passed all security processes required by the above-mentioned agencies.
(See Guidelines for Visitor and Contractor Employee Access to the Federal Law Enforcement Training Center section on page 8.)
Contractor shall provide a list of personnel, and any other required information, for role players needing access to the FLETC no less than 24 hours in advance of scheduled training to allow for proper screening and security access procedures to be completed.
6. Confidentiality of Information
Any and all information obtained through the course of performance under this contract is considered confidential. All information is proprietary and the property of the United States Capitol Police. Disclosure of any information, either before, during or after contract completion to outside entities without prior written approval of the U.S. Capitol Police will be considered a violation of the provisions of this contract.
Document Type: QSU Document Number: TSBR201600003 Page 8 of 61
All data (hard copy, electronic media, etc.) associated with this contract shall not be removed from the U.S. Capitol Police Training Academy without the express written authorization of the COR.
7. Maintenance of Records
Sign in sheets will be required for each occurrence showing the individual role players’ in and out times and the associated participants. The Contractor shall provide sign-in sheets to the COR at the conclusion of each training period for the purpose of billing verification.
The contractor is expected to maintain accurate, clear, well-documented, and professional records for document preparation and maintenance for the type of records to be generated for this contract.
Guidelines for Visitor and Contractor Employee Access to the Federal Law Enforcement Training Center
The nature of the work accomplished at the Federal Law Enforcement Training Center (FLETC) requires a careful screening of all personnel working and visiting within the confines of the property. Federal employees are routinely screened prior to employment.
This process is necessary for anyone with full or near full access to the FLETC.
A visitor who has a criminal history, as outlined below, will not be allowed access to the FLETC. Further, contractors shall not assign an employee to work on the FLETC with a criminal history such as:
• A felony conviction within the last 10 years.
• A misdemeanor of a serious nature within the last 5 years.
• Multiple misdemeanors within the last 5 years.
• An active "habitual offender" classification for any violation of the law.
• Criminal history involving drug sales and trafficking, violence against law · enforcement officers, disdain of legal authority, violations of moral turpitude (e.g. child brutality, child molestation, rape, wrongful death of another, etc.), or other crimes of violence.
• Any history which would reflect badly on the FLETC in the eyes of the public or otherwise pose a threat to the safety and security of the FLETC, persons or property.
The determination of a serious misdemeanor will be made by the FLETC Security Officer or designee in accordance with FLETC Directive 71-01. This directive states:
“The nature of the work accomplished at the FLETC requires a high standard of personal conduct, past and present. A screening process (background investigation, security clearance, etc.) for personnel visitation or employment on FLETC facilities is in place.
Physical access to FLETC facilities is a privilege, not a right, and any person may be denied physical access to FLETC facilities or have their physical access privileges to FLETC facilities revoked.”
The discontinuance of a "habitual offender'' status will not automatically gain the individual access to the FLETC. A period of waiting, designated on a case-by-case basis, will be observed prior to gaining permission to enter the FLETC.
Exceptions to this policy may be granted when, in the discretion of the Director, FLETC, they are warranted.
Definitions:
Felony: A crime of a graver or more serious nature than those designed as misdemeanors; e.g., aggravated assault (felony) as contrasted with simple assault (misdemeanor). Under Federal law, and many State statutes, any of offense punishable by death or imprisonment for a term exceeding one year (18 U.S.C.A.1). Many State penal or criminal codes define felony status crimes and states in turn have various classes of felonies (e.g., Class A, B, C, etc.) with varying sentences for each class.
Misdemeanor: Offenses lower than felonies and generally those punishable by fine or imprisonment in other than a penitentiary.
Under Federal law, and most State laws, any offense other than a felony is classified as a misdemeanor (18.U.S.C.A.1). Certain states also have various classes of misdemeanors (e.g. Class A, B, etc.).
D. Packaging and Marking
1. Packaging & Packing
The Contractor shall, at no additional charge to the USCP, be responsible for packaging and packing, if required. All packaging and packing under this Contract shall be furnished to meet the requirements of the carrier, if applicable, to ensure safe delivery at destination.
2. Marking
a. All information submitted, including correspondence, forms, reports, etc., to the Contracting Officer (CO) and/or COR shall include the following information:
Document Type: QSU Document Number: TSBR201600003 Page 9 of 61
1) Contract number,
2) Contractor's name and address,
3) Project title,
4) Date, and
5) Point of contact information.
b. All documents generated under this Contract will contain the following disclaimer statement on the cover page:
"The views, opinions, and findings contained in this report are those of the author(s) and should not be construed as an official U.S.
Capitol Police position, policy, or decision, unless so designated by other official documentation".
E. Inspection and Acceptance
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://farsite.hill.af.mil
[Insert one or more internet addresses]
(End of provision)
Clauses By Reference
Clause Title
52.246-4 Inspection of Services - Fixed-Price (Aug 1996)
F. Deliveries or Performance
1. Period of Performance
1.1 The period of performance for the resulting Contract shall be from the date of award through twelve (12) calendar months.
1.2 The period of performance may be extended to cover Option Periods, if exercised, subject to clause USCP52.011 - Option to Extend the Term of the Contract.
G. Contract Administration Data
1. Contract Administration
a. The USCP Contracting Officer (CO) will perform administration of this contract. The CO is authorized to make contractual modifications and render contractual decisions, including but not limited to changes in the scope of work and monetary additions and/or deletions, within the limits of their authority. No changes to the contract requirements shall be effective without a modification of the contract fully executed by the Contracting Officer. The Contracting Officer will communicate in writing any necessary rejection of services.
2. Contracting Officer’s Representative (COR)
a. The Contracting Officer’s Representative (COR) for this contract is to be determined.
b. The USCP reserves the right to change the COR or appoint an alternate COR. Any designation will be in writing. As designated by the Contracting Officer, the COR is assigned the following responsibilities:
1) provide technical direction to the Contractor within the constraints of the statement of work;
2) monitor and oversee the performance of the Contractor;
Document Type: QSU Document Number: TSBR201600003 Page 10 of 61
3) ensure contract compliance;
4) perform final inspection and acceptance of all reports and invoices; and
5) resolve day-to-day matters directly with the Contractor.
c. It is the responsibility of the COR to perform inspection of Contractor services and deliverables, and to ensure that adequate records are kept to support acceptance or rejection. Acceptance of the services provided will be accomplished through the independent inspection and quality assurance actions of the COR. The COR will ensure that services provided by the Contractor conform to the applicable specifications set forth in this contract and the statement of work. The USCP reserves the right to change the COR or appoint an alternate COR. Any designation will be in writing.
3. Key Personnel
Key personnel, defined as those individuals necessary for the successful outcome of contracted services, may not be changed or reassigned during the life of this contract without the prior written approval of the Contracting Officer. Requests for substitution of Key Personnel will be made in writing to the Contracting Officer with a copy to the COR. The resume of the individual(s) being proposed for the Key Personnel designation shall be attached to the request letter. The individual(s) proposed for substitution must have credentials and abilities that equal or exceed that of the individual(s) who is currently designated a “key personnel”. Approval of a substitution will not be unreasonably withheld. However, if the Contractor’s proposal for this contract relied on the expertise of the individual(s) represented herein to provide the expertise to perform the work, no substitutions of key personnel may be made during the first year of the contract unless the originally designated individual(s) have terminated their employment or are on long-term disability or other leave of absence. In the event that the conditions for first year substitution are met, the information must be provided to the Contracting Officer.
The Contractor has designated the following individuals as key personnel for purposes of this contract:
Name:
Address:
Title:
Telephone Number:
Facsimile Number:
E-mail Address:
4. Contractor’s Project Manager
a. The Contractor shall appoint a Project Manager who will be the Contractor’s authorized supervisor for technical and administrative work performed under this contract. The Project Manager shall provide the single point of contact between the Contractor and the Contracting Officer’s Representative (COR) or other duly authorized representative under this contract.
b. The Project Manager shall receive and execute, on behalf of the Contractor, such technical assignment directives as the USCP COR or his duly authorized representative may issue within the terms and conditions of this contract.
Note: The Project Manager must be identified as Key Personnel.
5. Electronic Funds Transfer (EFT) Payment
a. The USCP is required to pay recipients via Electronic Funds Transfer (EFT). If the Contractor has not previously provided an ACH Vendor/Miscellaneous Payment Enrollment Form, a copy is provided as an attachment under Section J. The form must be completed and signed by the appropriate company official. Please fax the signed form to the attention of the Contracting Officer at
(202) 593-3600. The Contractor can elect to mail the form in lieu of fax. However, delays of incoming mail may delay payment of the invoice. If the Contractor elects to mail the form, it should be sent to:
Contracting Officer United States Capitol Police Office of Procurement 499 South Capitol Street SW, 7th Floor Washington, D.C. 20003-4013
b. The Contractor shall designate a single financial agent capable of receiving and processing the EFT. The Contractor shall pay all fees and charges for receipt and processing of transfers.
c. If the Contractor provided correct information to the USCP but it was used incorrectly by the USCP and resulted in an electronic
Document Type: QSU Document Number: TSBR201600003 Page 11 of 61 transfer that was not completed or that was completed incorrectly, the USCP remains responsible for making a correct payment and recovering any erroneously directed funds.
d. If the Contractor provided incorrect EFT information at the time of USCP release of the EFT payment transaction instruction to the Federal Reserve System and results in an electronic transfer that was not completed or completed incorrectly and –
1) If the funds are no longer under the control of the payment office, the USCP is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or
2) If the funds remain under the control of the payment office, the USCP retains the right to either make payment by mail or suspend the payment until receipt of correct information from the Contractor.
e. The Contractor agrees that the Contractor's financial agent may notify the USCP of a change to the routing transit number, Contractor account number, or account type. The Contractor agrees that information provided by the agent is deemed to be correct information as if the Contractor provided it.
H. Special Contract Requirements
1. On-site Security/Identification Badges
a. All Contractor staff, assigned to the project, that will be working at USCP facilities must undergo a criminal history check, fingerprinting, and shall be issued a United States Capitol Police identification/access pass. If the individual(s) proposed by the Contractor to work on this project are unable to qualify for issuance of a USCP Contractor badge, this will not relieve the Contractor of the responsibility to perform under this contract. The Contractor will be required to provide alternative individuals who are qualified to do the work and are able to pass a criminal history check.
b. The Contractor will provide Attachment 1 – USCP Request for Check of Criminal History Records/Building Access Card forms for all individuals proposed to work on site to the Contracting Officer with a copy to the COR. The Contracting Officer will authorize the criminal history check and fingerprinting and subsequent badging of approved individuals. The COR will assist the Contractor in implementing the process and obtaining identification/access passes.
c. The Contractor is responsible for ensuring the security of the USCP is not compromised through the actions of its employees. To that end, the Contractor will ensure internal procedures are implemented within its company to ensure all USCP badges are returned by employees who resign from the company while holding a USCP badge, and that all badges are returned to the USCP Contracting Officer at resignation. The Contractor has the responsibility of notifying the Contracting Officer within 2 business hours if an employee has resigned and left the company without relinquishing their badge. If the Contractor knows or has reason to believe the employee may pose a heightened security risk, either due to the employee's access to sensitive USCP facilities, the employee's access to sensitive USCP equipment (i.e. computer systems, communications equipment, etc.), or the manner of the departure (lay off, firing, disgruntled), than the Contractor has a responsibility to contact USCP System Operations Section at (202) 226-1494 immediately to ensure, at a minimum, badge access is cancelled. The Contractor will then ensure appropriate action is taken to ensure the badge is received prior to release of any further payments to the employee.
d. If an employee is temporarily removed from working on-site at the USCP, but it is anticipated there may be a future need to work on-site, the badge should be collected by the Contractor and returned to the COR to be held until the employee returns to work on-site.
e. Prior to final payment, the Contractor must account for all badges issued under the contract. Failure to account for all badges issued and failure to have implemented effective action to obtain missing badges may result in the withholding of final payment, up to 10% of the contract total, until the missing badges no longer pose a security breach to the USCP.
2. Sensitive and Proprietary Information
2.1 Confidentiality of Sensitive Information
a. While performing under this contract, the Contractor will have access to information and communications considered sensitive by the USCP, the House, the Senate, and/or other Legislative Branch agencies. The Contractor shall preserve the confidentiality of all such information and communications and shall not, under any circumstance, disclose any such information or communications for any purpose without prior written approval of the Contracting Officer.
b. The Contractor's failure to abide by the terms of this contract shall be grounds for default, as stated in the “Default” clause under Section I.
c. The Contractor shall establish security safeguards for the protection of all such information and communications.
d. The details of any safeguards that may be revealed to the Contractor by the USCP, House, Senate, and/or other Legislative Branch agencies, in the course of performance under this contract, shall not be published or disclosed in any manner without the Contracting Officer's express written consent.
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2.2 Limited Distribution or Use of Proprietary Information
a. During the course of the performance of this contract, the Contractor may have access to and use of data and information which may be considered proprietary by other contractors or which may otherwise be of such a nature that its dissemination or use, other than in performance of this contract, would be adverse to the interest of the USCP and the other contractors.
b. Except as may be otherwise agreed to with the other contractors, the Contractor agrees it will not use, disclose or reproduce proprietary data and information belonging to other contractors except as required in the performance of this contract; provided, however, that nothing herein shall be construed as: (1) precluding the use of any such data or information independently acquired by the Contractor without such limitation; or (2) prohibiting an agreement at no cost to the USCP between the Contractor and other contractors which provide for greater rights to the Contractor.
3. Privacy of Information
a. The contractor understands and agrees that the information contained in the USCP systems is and shall at all times remain the property of the USCP and may not be released to any requestor other than the Chief Administrative Officer of the U.S. House of Representatives, the Senate, Sergeant of Arms, and / or the Police Board for reporting purposes, without the express written approval of the Contracting Officer.
b. Access by other government agencies such as the General Accounting Office (GAO) and the Office of Personnel Management (OPM), for auditing purposes, shall likewise require prior written approval by the USCP Contracting Officer. The contractor further understands and agrees that the privacy of such information is to be absolutely protected (including administrative, technical, and physical safeguarding) and that as records of an entity of the United States Congress, it is not subject to the provisions of the Privacy Act, 5 U.S.C. 552a and the Freedom of Information Act (FOIA).
4. Maintenance of Records
If the COR authorizes any records to be maintained by the Contractor, these records are to be accurate, clear, well-documented, professional records in accordance with best practices for document preparation and maintenance for the type of records generated in this contract. Information should be maintained in a manner, which protects any information from disclosure except as authorized in writing by the COR or designee.
5. Standards of Conduct and Restrictions
The Contractor shall conform to certain minimum standards of conduct as follows:
a. Contractor personnel shall not solicit new business at the USCP location during performance under this contract.
b. Contractor personnel shall refrain from discussing any information obtained during performance under this contract with unauthorized persons.
c. Contractor personnel shall conduct only such business as covered by this contract during periods paid by the USCP. Business not directly related to this contract shall not be conducted on USCP premises.
d. Use of the USCP's computer system(s) and/or equipment for company or personal use (other than that directly connected with this contract) is strictly prohibited.
e. Contractor personnel are expected to adhere to the same professional ethical standards to which USCP personnel in a comparable position would be expected to adhere.
f. Contractor personnel will keep accurate records of any time worked on a Labor Hour, Time and Materials, or Cost contract and provide them to the company representative.
g. For emergency preparedness purposes, Contractor personnel will be required to sign in and out at the USCP work location.
h. Contractor personnel are personally responsible for ensuring the USCP badge is returned upon completion of the work or termination of employment (see H-1 above).
i. Contractor personnel will not benefit from special holidays and reduced hours granted by the Federal government for Federal employees. If the contractor employee takes the time off, the USCP will not be billed for that time.
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I. Contract Clauses
52.204-1 Approval of Contract (Dec 1989)
This contract is subject to the written approval of the USCP Contracting Officer and shall not be binding until so approved.
(End of clause)
52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006)
(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.
(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.
(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.
52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015)
(a) Definitions. As used in this clause--
"Agent" means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.
"Full cooperation"-- (1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require--
(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from--
(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
"Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.
"Subcontractor" means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.
"United States," means the 50 States, the District of Columbia, and outlying areas.
(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--
(i) Have a written code of business ethics and conduct; and
(ii) Make a copy of the code available to each employee engaged in performance of the contract.
(2) The Contractor shall--
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(i) Exercise due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.
(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--
(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or
(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked "confidential" or "proprietary" by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.
(iii) If the violation relates to an order against a Government-wide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:
(1) An ongoing business ethics awareness and compliance program.
(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.
(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.
(2) An internal control system.
(i) The Contractor's internal control system shall--
(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts;
and
(B) Ensure corrective measures are promptly instituted and carried out.
(ii) At a minimum, the Contractor's internal control system shall provide for the following:
(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.
(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.
(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including--
(1) Monitoring and auditing to detect criminal conduct;
(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and
(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified
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(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.
(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.
(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.
(2) If the violation relates to an order against a Government-wide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers.
(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.
(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.
(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.
(d) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5.5 million and a performance period of more than 120 days.
(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015)
(a) Definitions. As used in this clause:
"Executive" means…
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