Deposition Reporting and Transcription Services

Award Notice Posted Dec 17, 2009

Solicitation number: SECHQ1-10-Q-0017
Agency: Securities and Exchange Commission
Awarded: Jun 18, 2010 to Rosenberg & Associates
Set-aside: No set-aside

Opportunity facts

Contract number: SECHQ110A0005 Federal IDV award
NAICS code: 561492 Court Reporting and Stenotype Services
PSC: Not on record
Place of performance: U.S. Securities and Exchange Commission 3 World Financial Center Room 400 New York, New York 10281, United States

Notice details come from SAM.gov. Updated Jan 12, 2010.

Notice text

3 versions

Update #3 · Latest · Jan 12, 2010

12/23/2009 - The following is a question submitted and the answer:

Q1: Is this a follow on requirement? If yes, can you provide incumbent information?

A1: This is a new requirement, and therefore, this is no incumbent.

1/7/2010: The following are questions submitted and the answers:

Q1. How much work can be expected? For example, can you give us an idea of how many jobs per week will be required in New York and elsewhere? If there are no projected numbers, can you provide us with the figures from last year?

A1. The SECs New York Regional Office estimates that there will be approximately 125 depositions per year totaling approximately $100,000 per year. We expect that the majority of depositions, at least 95%, will be done in New York City.

Q2. Must the suggested pricing format be followed, or may we deviate to offer a unique pricing structure?

A2. You may deviate from the pricing format provided in the attachment, but the more you deviate, the harder it will be for the SEC to evaluate and compare your prices.

Q3. Can you provide a breakdown of expected locations for this work; specifically the most common deposition locations?

A3. A majority of the depositions, at least 95%, are expected to take place in New York City (NY). Other possible locations are Long Island (NY), New Jersey, Upstate New York (NY) and Connecticut.

Q4. Does the reference to transcription services as covered by this solicitation include transcription from existing audio recordings as well as providing live court reporters for depositions, or is all of the work to be performed by a live stenographer?

A4. Transcription Services covered by this solicitation refer to providing live court reporters/stenographers for depositions.

Q5. Can you clarify (vi) section D what is meant by administrative means for NYRO staff to order and pay for transcripts of depositions where reporting services were provided for by a contractor obtained by defense counsel? Is the contractor who receives this BPA required to coordinate with other court reporting companies retained by the SECs opposing counsel regarding the SECs receipt of transcripts and payment for them?

A5. In various litigations, the defendants may use a deposition reporting service other than the deposition report service provider that the SEC uses. The SEC would like its deposition reporter services to obtain the transcript from the other reporting service and provide the transcript to the SEC and bill the SEC through the existing contract. If this is not a commercial practice of your firm, please state so in your quote response.

Q6. Can you provide the name of the current agency or agencies that hold(s) this contract, and what year they are performing of their contract plus options? (i.e., the current RFP shows 1 "base year" with options for years 1 through 4. I'm trying to find out: did the NYRO exercise all or part of the 4 option years after the base year for the current contractor(s)?

A6. This is a new requirement. There are no Blanket Purchase Agreements currently in place.

Q7. If the current contract holder is not currently performing in option year 4, can you provide the reason that the NYRO has opened this contract up for bid at this time, as opposed to continuing your option with the current contract holder (i.e., are you looking for a lower rate, were you unhappy with their performance, did the current contract holder ask to be released?, etc.)? If the current contract holder is performing in option year 4, can you advise if the current contract holder is listed as an "interested vendor" to rebid on the current solicitation?

A7. This is a new requirement. There are no Blanket Purchase Agreements currently in place.

Q8. Can you provide an idea of the historic volume of services requested under the previous contract in an annual period? Can you give either exact figures or an estimate of how many pages each deposition was - and/or the length of time each deposition generally lasts - whichever is easier for you to ascertain? (For example, it may be 100 depositions with each one lasting one hour, or 100 depositions with each one lasting 7 hours. In the alternative, it may be 50 depositions were 50 pages or less, 25 were 150 pages or less and 25 depositions were 300 pages or less. These would be quite different scenarios.). Any way it is easiest for you to express the historic volume would be greatly appreciated.

A8. This is a new requirement. There are no Blanket Purchase Agreements currently in place, and therefore, there is no historic information available.

Q9. Further to the question 8 above, can you advise how many of each of these depositions were ordered "regular delivery," how many were ordered "Next Day," how many were ordered "Expedite," how many were ordered using "Rough ASCII" and how many were ordered using "Real-time?"

A9. This is a new requirement. There are no Blanket Purchase Agreements currently in place, and therefore, there is no historic information available.

Q10. Can you advise how many depositions were held that a transcript was

not requested to be transcribed for same?

A10. This is a new requirement. There are no Blanket Purchase Agreements currently in place, and therefore, there is no historic information available.

Q11. Further to question 10 above- there is no CLIN for a transcript that has not been transcribed. Can you advise how this service would be billed if it occurs (if it will never occur, that would answer this question as well)?

A11. The SEC does not anticipate a need for transcripts that have not been transcribed.

Q12. Can you advise how many depositions were also ordered videotaped historically?

A12. This is a new requirement. There are no Blanket Purchase Agreements currently in place, and therefore, there is no historic information available.

Q13. Can you advise how many depositions historically required the LEF Exhibit Linking service (either by number of deposition days or by number of exhibits - whichever is easier for you to ascertain?).

A13. This is a new requirement. There are no Blanket Purchase Agreements currently in place, and therefore, there is no historic information available.

Q14. Historically, has the NYRO made additional copies of transcripts

for their own in-house use or to provide to co-counsel or opposing counsel?

A14. No. Occasionally, NYRO is ordered to provide a pro se defendant with copies of a transcript. This is a rare occurrence.

Q15. There is no CLIN for a default (if court reporter arrives on site and the deposition is canceled) or for "late cancellation" (If deposition is canceled after 5:00 PM the previous business day of the schedule deposition). Does this mean there is no payment if either of these instances occur?

A15. If your firms standard commercial practice is to charge for default or late cancellation, include the pricing and information (i.e. what constitutes default or late cancellation) in your quote.

Q16. There is also no CLIN for a daily minimum transcript charge. (For a deposition that goes forward, but due to minimal pages generates revenue of less than a given amount - usually $100.00). Does this mean there is no minimum transcript amount to be paid?

A16. If your firms standard commercial practice is to charge for a daily minimum transcript charge, include the pricing and information in your quote.

Q17. Although the SOW asks for ASCII files, it does not specify the Means of delivery. Would the delivery of ASCII files via email be allowed under this contract?

A17. Yes, delivery of ASCII files via email will be allowed under the Blanket Purchase Agreements(s).

Q18. Can you explain what the term "unrestricted acquisition" means in relation to this contract (item number iv of the solicitation)?

A18. Unrestricted acquisition refers to the business size of firms responding to this request for quote. This acquisition is not restricted to a specific sized business.

Q19. Can you give a description of what type of transcript services would be ordered under this contract other than depositions? (i.e., would transcription of audio tapes or wav files be requested, or court reporting services to be provided at meetings, hearings, arbitrations, etc.).

A19. This procurement is only for transcript services of depositions.

Q20. In item vi, I'm unsure about the difference between "video depositions" and "dvd depositions" does this mean that for depositions that are considered "video depositions" that a VHS tape would be provided and for depositions that are considered "dvd depositions" that a DVD of the proceedings would be provided?

A20. Video depositions refers to the recording of the deposition and dvd refers to the physical recording. The SEC would prefer the physical recording delivered in dvd form. However, if your firms standard commercial practice is different, please include the pricing and information in your quote.

Q21. Further to question 15 above, (if both VHS tapes and DVD's of videotapes may be requested), I note there is only one CLIN for video service. Does this mean that both of these services must be billed at the same rate, or may we include one rate for videotapes and one rate for DVD's under this same CLIN?

A21. The SEC does not anticipate ordering VHS tapes of depositions.

Q22. The SOW doesn't mention the amount of notice contractor will receive for engagement of services (i.e., will we be given 48 hours notice to provide services, etc.).

A22. Please include your standard commercial practice for the amount of notice you require for engagement of services in your response. If there is a fee associated with expedited service, please include that information.

Q23. Although the SOW specifically asks for the ability to provide "audio services of depositions" (item vi, C.), there is no CLIN for providing audio recording services. Does this mean that contractor may not bill for this service?

A23. The SEC does not anticipate a need for audio services of depositions. We do however, expect that the video recordings will include audio.

Q24. Can you provide an example of what digital media format you

would like provided for the NYRO staff to edit video and audio clips of depositions? (If there is a specific software you currently use, or a file extension you would like this provided in)? This is under item vi, C.

A24. NYRO is familiar with DVDs that work with the Depoview 5 program which allows viewing of videos linked to transcripts, and the expert of video and transcript clips to other programs, such as Powerpoint.

Q25. Can you give an example of what you mean by "administrative means" for the NYRO to order and pay for transcripts noticed by defense counsel? (i.e., is this an on-line solution you're looking for, or a description of the manual procedure of how orders can be taken)?

A25. NYRO is flexible and is looking for a feasible and consistent means to order and pay for transcripts noticed by defense counsel. Please see A5 response above for additional information.

Q26. Is there a particular means of security that you prefer for security of transcripts, video and dvd depositions and archives of work products? (Item vi, F). In other words - particular software you prefer, or stated procedures you prefer?

A26. No particular security is needed as long as it is clear that only the parties to a litigation can order the transcripts and video and non-parties are not allowed to order such material without consent of all the parties in the litigation or court order.

Q27. The SOW specifically states that "The Government intends to award multiple BPAs ." (item ix, paragraph 1), but also states in paragraph 3 of the same item: ."the Government reserves the right to award a BPA to one (1) quoter." Can you advise what factors would be taken account to award a contract to one quoter? In other words - what are the criterion the government would look for that would make it most advantageous to award to one quoter (price, experience, nationwide service, etc.)?

A27. In accordance with paragraph (ix) of the notice, the Government intends to award based on price, past performance and quality.

Q28. I note that FAR Clause 52.232-33 "Payment by Electronic Funds Transfer" is checked. Does this mean that payment will be made by EFT for all invoices under this contract?

A28. Payment will be made by Electronic Funds Transfer for all invoices under the Blanket Purchase Agreement(s).

Q29. Regarding payment terms. Can you advise how many days after receipt of invoices the NYRO historically makes payment?

A29. Payment terms are Net 30. The SEC strives to make payment within 30 days after receipt of a valid invoice in accordance with FAR 52.212-4(i)(2) Prompt Payment.

Q30. Historically, is one invoice required per service request (per deposition), or is a cumulative monthly invoice requested for all services requested during that month?

A30. The SEC expects one invoice per deposition. If this is not your standard commercial practice, include that information in your quote.

Q31. Can you advise any sort of monthly or quarterly reports or other

obligations (other than the creation of invoices) is required under this contract?

A31. There will be no monthly or quarterly reports or other obligations required under Blanket Purchase Agreement(s).

Q32. Can you advise the gamut of the types of litigation handled under this contract? Is it all securities litigation, or are matters also handled by the NYRO of more internal nature (such as employment issues, etc.).

A32. Deposition Reporting and Transciption services under the Blanket Purchase Agreement(s) will be related to securities litigation.

Update #2 · Dec 23, 2009

Update #1 · Dec 17, 2009

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) Request for Quote (RFQ) number SECHQ1-10-Q-0017 is assigned to this requirement and is issued as an RFQ.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-37.

(iv) This is an unrestricted acquisition. The North American Industry Classification System (NAICS) code is 561492 and the business size standard is $7.0M.

(v) See Attachment A Supplies or Services and Prices/Costs for CLINs and CLIN structure.

(vi) The U.S. Securities and Exchange Commission (SEC) intends to award multiple Firm Fixed-Price Blanket Purchasing Agreement(s) (BPAs) for Deposition Reporting and Transcription Services. The SECs New York Regional Office (NYRO) has a recurring requirement for deposition reporting and transcription services, including video depositions and dvd depositions, for discovery in court proceedings filed in the U.S. District Court for the Southern District of New York and U.S. District Court for the Eastern District of New York.

BPA Calls shall be issued to Contractor(s) for specific proceedings on an as needed basis. Contractor(s) shall provide the following services in a timely manner:

A. Provide a reporter to transcribe by stenography testimony by depositions pursuant to the Federal Rules of Civil procedure;

B. Provide timely production of deposition transcripts to the NYRO staff at different levels of production, such as regular, expedited and daily;

C. Provide video and audio recording services of depositions and provide production of digital media so that the NYRO staff can edit video and audio clips of depositions;

D. Provide an administrative means for the NYRO staff to order and pay for transcripts of depositions where reporting services were provided for by a contractor obtained by defense counsel and not the NYRO staff; and

E. Provide a means for reporting services to handle depositions in any part of the United States.

F. Provide security for transcripts, video and dvd depositions, and archives of work products.

(vii) Place of Delivery is as follows, unless otherwise indicated at the time of order: U.S. Securities and Exchange Commission, 3 World Financial Center, Room 400, New York, NY 10281-1022. Delivery is FOB Destination.

The period of performance for the BPA(s) shall be from date of award through one (1) year with four (4) one-year option periods. Subsequent renews will be based on the annual review and option exercise by the Contracting Officer for the BPA up to, but not in excess of five (5) years.

(viii) The following FAR clauses apply to this solicitation. Quoters may obtain full text versions of these clauses electronically at http://farsite.hill.af.mil/. FAR 52.212-1, Instructions to Offerors-Commercial Items (Jun 2008).

Parties responding to this solicitation who believe they can provide Deposition Reporting and Transcription Services for the SEC in U.S. District Court for the Southern District of New York and U.S. District Court for the Eastern District of New York may submit their quote in accordance with their standard commercial practices (e.g., on company letterhead, formal quote form, etc.) but must include the following information: 1) companys complete mailing and remittance addresses; 2) discounts for prompt payment if applicable; 3) Dun & Bradstreet number; 4) Taxpayer ID number; 5) copy of Central Contractor Registration; 6) copy of Representations and Certifications from ORCA (https://www.bpn.gov/orca); 7) pricing for deposition reporting and transcription services in accordance with the CLINs specified herein (see Attachment A Supplies or Services and Prices/Costs); and 8) narrative addressing capability to provide deposition reporting and transcription service in accordance with the requirements herein and past performance, including three (3) references (including a. Name of Agency/Organization; b. Contract number; c. Contract type; d. Total contract value; e. Description of contract work; f. Contracting officer (or similar representative), telephone #, and email address) for contracts performed within the past 2 years that are similar in size and scope to this requirement .

(ix) 52.212-2, EvaluationCommercial Items (Jan 1999). The Government intends to award multiple BPAs based on price, past performance and quality. The evaluation and award procedures in FAR 13.106-2 apply.

The Government intends to evaluate quotes and award multiple Blanket Purchase Agreements without discussions. Therefore, quoters are cautioned that their initial quote should contain the best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The failure of a quoter to meet any given requirement of the RFQ in their quote may result in the entire quote being found to be unacceptable and thus eliminated from the competition.

Although multiple BPAs are intended, the Government reserves the right to award a BPA to one (1) quoter. The Government reserves also the right to make no award pursuant to this solicitation.

(x) 52.252-2, Clauses Incorporated By Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far.

FAR 52.212-3, Offeror Representations and Certifications-Commercial Items (Aug 2009). Quoters shall provide representations and certifications (FAR 52.212-3) electronically via the BPN website (www.bpn.gov/orca). A copy of the on-line representations and certifications submission shall be included in the quoter response.

(xi) 52.212-4, Contract Terms and ConditionsCommercial Items (Mar 2009), applies to this acquisition.

(xii) 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive OrdersCommercial Items (Dec 2009).

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

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

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

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

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

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

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

__ (7) [Reserved]

__ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

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

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

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

__ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

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

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

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

__ (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

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

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

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

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

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

__ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X_ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (20) 52.222-19, Child LaborCooperation with Authorities and Remedies (Aug 2009) (E.O. 13126).

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

_X_ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

_X_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

_X_ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

__ (26) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (27)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPADesignated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (29)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

__ (30) 52.225-1, Buy American ActSupplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (31)(i) 52.225-3, Buy American ActFree Trade AgreementsIsraeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (32) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (33) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (36) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (38) 52.232-33, Payment by Electronic Funds TransferCentral Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (39) 52.232-34, Payment by Electronic Funds TransferOther than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (40) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (42)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

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

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

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

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

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain EquipmentRequirements (Nov 2007) (41 351, et seq.).

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

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

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(vii) [Reserved]

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

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

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

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

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

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

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

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

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

(End of clause)

52.217-5, Evaluation of Options. (Jul 1990): Except when it is determined in accordance with FAR 17.206(b) not to be in the Governments best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of clause)

52.217-8, Option to Extend Services (Nov 1999): The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the current period of performance. (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 the current period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years and 6 months. (End of clause)

(xiii) If awarded, the following terms and conditions apply to the BPA and are provided here for advance information: (1) Destination shall be specified in each order; (2) Delivery Schedule/Dates shall be specified in each order; (3) Pricing will be based on the negotiated rates incorporated into the awarded BPA(s); (4) The BPA(s) do not obligate any funds; and, (5) a list of individuals authorized to place orders under the BPA(s) will be provided.

(xiv) Defense Priorities and Allocations System (DPAS) is not applicable.

(xv) The due date and time for Quotes is Wednesday, January 20, 2010, at 2:00 p.m. local time (Eastern). Late quotes will not be accepted.

Quotes may be delivered either by US mail, hand-delivered, or by overnight express to the following: U.S. Securities and Exchange Commission, Attn: Nancy Foster, Contract Specialist, 6432 General Green Way, MS-20, Room 1428, Alexandria, VA 22312.

(xvi) All questions concerning this RFQ shall be submitted in writing to Nancy Foster at FosterN@sec.gov, no later than close of business on Monday, January 4, 2010. Questions will not be answered orally. E-mail submission of questions is required. Questions submitted after the specified time/date may not be addressed.

Files

File	Type	Posted
Attachment A Pricing.doc	DOC document	Dec 17, 2009

On GovTribe

Work this opportunity

Track it in your pipeline
Find teaming partners
Similar opportunities
Ask GovTribe AI about this opportunity

Try for free Login