Combine Solicitation – OPM – refuse/recyclable removal/disposal – Boyers, PA

Notice Type: Combine Solicitation

Posted Date: 11-APR-14

Office Address: Office of Personnel Management; Boyers Contracting Group; 1137 Branchton Road Boyers PA 18018

Subject: OPM - refuse/recyclable removal/disposal - Boyers, PA

Classification Code: S - Utilities and housekeeping services

Solicitation Number: OPM15-14-T-0006

Contact: Leslie L. Henderson, Contract Specialist, Phone (724) 794-7172, Fax (724) 794-7199, Email [email protected]

Setaside: Total Small BusinessTotal Small Business

Place of Performance (address): Boyers, PA

Place of Performance (zipcode): 16018

Place of Performance Country: US

Description: Office of Personnel Management

Boyers Contracting Group

Boyers Contracting Group

The U.S. Office of Personnel Management (OPM) is soliciting quotations for refuse and recyclable removal and disposal services for the OPM Boyers, PA location as detailed in the attached Combined Synopsis/Solicitation and Statement of Work Documents. COMBINED SYNOPSIS/SOLICITATION RFQ # OPM15-14-T-0006 Contracting Office Address: The U.S. Office of Personnel Management ATTN: Leslie Henderson 1137 Branchton Rd. Boyers, PA 16018

REQUIREMENT:

This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Part 12.6, as supplemented with additional information included in this notice. This solicitation is issued as Request for Quotations (RFQ) number OPM015-14-T-0006, and incorporates FAR provisions and clauses as amended in the currently applicable Federal Acquisition Circular (FAC 05-72 effective 30 January 2014). The North American Industrial Classification System (NAICS) code is: 562219: Other Nonhazardous Waste Treatment and Disposal. Competition is limited solely to small business. OPM intends to award a firm fixed-price contract for one year with four additional one year option periods as a result of this solicitation.

The U.S. Office of Personnel Management (OPM) Federal Investigative Services (FIS) is soliciting quotations for refuse removal services. The contractor shall provide refuse and recyclable removal/disposal service required to achieve continued daily operations of OPM-FIS functions. Refuse shall be defined as combustible and non-combustible materials such as paper, corrugated boxes, lumber, plastic, filled garbage bags, waste food products, etc. No hazardous material will be disposed. Two types of Recyclables; Co-Mingle defined as plastic, metal, glass, cans and bottles, and cardboard defined as flattened boxes of various weights. Disposal services shall occur at 1137 Branchton Road, Boyers, PA 16018, commonly referred to as the Iron Mountain facility. Deliverables/Service Requirements: (1) Quantity of five front loading Refuse containers [dumpsters] each with an eight cubic yard capacity, for storage of waste until collection; collection for this deliverable to recur on no less than three days per week.

(2) Quantity of three front loading Cardboard Recyclable containers [dumpsters] each with an eight cubic yard capacity, for storage of waste until collection; collection for this deliverable to recur on no less than two days per week.

(3) Quantity of one front loading Co-Mingle Recyclable container [dumpster] with an eight cubic yard capacity, for storage of waste until collection; collection for this deliverable to recur on no less than one day per month.

(4) Timely and dependable refuse removal services on a set daily schedule for each container/dumpster. (5) Available collection schedule as follows: Monday, Wednesday, and Friday excluding Federal Government Holidays.

(6) Government flexibility to change or order additional deliverables [containers, refuse pickup] based on removal needs, with 24 hour notice from the Contracting Officer [CO] or designated Contracting Officer's Representative [COR].

(7) Collection [empting of containers] will occur at a pre-designated outdoor area sufficient for maneuverability of frontloading refuse collection trucks.

(8) Contract driver shall be responsible for loading and transporting of the generated refuse from the pre-determined container location.

(9) Contract driver shall be responsible to ensure refuse containers are placed in an organized fashion in the container holding area.

(10) Contract driver shall ensure that the container holding area is free of debris before leaving the site.

(11) Contractor will provide a main point of contact for the government CO and designated COR at the service location.

(12) Contractor will comply with all applicable Federal, State, and Local regulations and licenses.

Any and all additional and/or incidental costs (such as tipping fees, fuel/environmental charges, etc.) shall be absorbed by the contractor and shall not be included as separate line items. All offerors shall be required to submit Offeror Representations and Certifications, Commercial Items, and at least three references to be considered for this Firm-Fixed Price requirement.

TERMS AND CONDITIONS:

Quotations are due by 15:00 local time in Boyers, PA Thursday 1 May 2014, via email referencing the RFQ number in subject line to: [email protected].

Parties wishing to submit questions must do so in writing by 15:00 local time in Boyer, PA on Wednesday 23 April 2014. Email questions to: [email protected].

Quotations shall also include the following information:

1. RFQ number. 2. Time specified for receipt of offers. 3. Name, address, and telephone number of offeror. 4. A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary 5. Price for each line item of the requirement in the solicitation and any discount terms for the base year and each of the four option years. 6. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically). 7. Prospective contractors must be registered in the Federal government's System for Award Management (SAM) database. Information regarding how to register or update your registration which SAM carried over from the Central Contractor Registration (CCR) may be obtained at: www.sam.gov. 8. The Offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the RFP. 9. Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt shall not be considered. 10. Award evaluation shall be in accordance with FAR 13.106-2 and shall be based on technical capability, past performance and price. 11. A decision to exercise an option under the awarded contract shall be managed in accordance with FAR 52.217-9 Option to Extend the Term of the Contract which is incorporated by reference.

Please note: All Offerors holding GSA FSS Contracts must offer prices equivalent to or discounted from the prices offered on their GSA contracts. This solicitation will be posted on the www.FBO.gov website only. Offerors that fail to furnish the required information and representations, or those which reject the terms and conditions of the solicitation may be excluded from consideration.

The following clauses and provisions apply to this acquisition:

Incorporated by reference are FAR 52.212-1, Instructions to Offerors-Commercial Items, and FAR 52.212-4, Contract Terms and Conditions-Commercial Items.

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items and FAR 52.212-5, Contract Terms and Conditions-Commercial Items Required to Implement Statutes or Executive Orders-Commercial Items are incorporated by full text. Additional FAR clauses apply.

52.212-3 Offeror Representations and Certifications-Commercial Items (Nov 2013) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. PLEASE NOTE THAT PORTIONS OF THIS CLAUSE HAVE BEEN OMITTED DUE TO LENGTH. PARAGRAPHS (c) THROUGH (o) ARE AVAILABLE AT: https://acquisition.gov/far. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2014) CERTAIN PORTIONS OF THIS CLAUSE HAVE BEEN OMITTED DUE TO LENGTH RESTRICTIONS ON FBO. FULL TEXT OF THE CLAUSE IS AVAILABLE AT: https://acquisition.gov/far. (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)). (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). _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). _X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). _X_ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)). _X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). _X_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). _X_ (25) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)). _X_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ 52.222-22 Previous Contracts and Compliance Reports (Feb 1999). _X_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _X_ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X_ (34) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). _X_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (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.) _X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). _X_ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). _X_ (54)(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). (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.] _X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). _X_ (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.). _X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _X_ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.13495).

OPM-Specific Clauses

1752.200-70 On-Site Working Conditions (July 2005) (a) OPM facilities are smoking restricted workplaces. Due to the nature of the work, facilities, and requirements, contractor staff may only smoke outside in designated smoking areas. (b) Normal operating hours are 7:00 am to 5:30 pm, Monday through Friday. Meeting task objectives within specific timeframes may require the working of extended/overtime hours. Any extended hours must be authorized in advance, and certified as worked by the task Government Project Manager(s). (c) Government personnel observe the following days as holidays:

New Year's DayJanuary 1 * Martin Luther King's Birthday Third Monday in January President'sDay Third Monday in February Memorial Day Last Monday in May Independence DayJuly 4* Labor Day First Monday in September Columbus Day Second Monday in October Veterans DayNovember 11Thanksgiving Day Fourth Thursday in November Christmas DayDecember 25*

* If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.

(d) In addition to the days designated as holidays, the Government observes the following days: * Any other day designated by Federal Statute * Any other day designated by Executive Order * Presidential Inauguration Day * Any other day designated by the President's Proclamation (e) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation except as set forth within the contract. In the event the Contractor's personnel work during the holiday, they may be reimbursed by the Contractor, however, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, other than their normal compensation for the time worked. This provision does not preclude reimbursement for authorized overtime work if applicable to this contract. (f) When the Federal, State, Local or other Governmental entity grants excused absence to its employees, assigned Contractor personnel may also be dismissed. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and must be guided by the instructions issued by the CO or COR. (g) If Government personnel are unavailable due to furlough or any other reason, the Contractor must contact the CO or the COR to receive direction. It is the Government's decision as to whether the contract price/cost will be affected. Generally, the following situations apply: (1) Contractor personnel who are able to continue contract performance (either on-site or at a site other than their normal workstation), must continue to work and the contract price shall not be reduced or increased. (2) Contractor personnel who are not able to continue contract performance (e.g., support functions) may be asked to cease their work effort. This may result in a reduction to the contract price.

1752.204-70 Contractor Personnel Security Requirements (Jan 2008) (a) The U.S. Office of Management and Budget (OMB) Memorandum M-05-24, referenced in paragraph (a) of FAR 52.204-9, Personal Identity Verification of Contractor Personnel, is available on-line at http://www.whitehouse.gov/omb/memoranda/fy2005/m05-24.pdf. (b) The Government may require security clearances for performance of this contract. The Contractor must obtain these clearances before beginning work on the contract (OPM will not allow Contractor employees without clearance in any of its facilities). The Contractor must obtain these clearances by using the eQIP system. If satisfactory security arrangements cannot be made with the Contractor, the required services must be obtained from other sources. (c) The level of classified access required will be indicated on DD-254 or other appropriate form incorporated into each request requiring access to classified information. Contractors are required to have background investigations for suitability if they occupy positions of trust (e.g., systems administration) even if they do NOT have access to classified information. (d) Necessary facility and/or staff clearances must be in place prior to start of work on the contract (e) Contractors are responsible for the security, integrity and appropriate authorized use of their systems interfacing with the Government and or used for the transaction of any and all Government business. The Government, through the Government's Contracting Officer, may require the use or modification of security and/or secure communications technologies related to Government systems access and use. (f) The Government, at its discretion, may suspend or terminate the access and/or use of any or all Government access and systems for conducting business with any/or all Contractors when a security or other electronic access, use or misuse issue gives cause for such action. The suspension or termination may last until such time as the Government determines that the situation has been corrected or no longer exists.

1752.205-70 Announcement of Contract Award (July 2006) OPM complies with FAR 5.3, Synopses of Contract Awards, in terms of synopsizing and publicly announcing contract awards. These actions take place at the time of, and not before, the contract is awarded. Contract award, in this case, means signature of the contractual document by the Contracting Officer and forwarding of the contractual document to the contract awardee. If the contract awardee wishes to make a separate public announcement, the awardee must obtain the approval of the Contracting Officer prior to releasing the announcement, and must plan to make announcement only after the contract has been awarded.

1752.209-70 Contractor Performance Capabilities (July 2005) The Contractor must be capable of performing all the tasks described in the Statement of Work. The Government shall not be liable for any costs or other involvement in the purchase, repair, maintenance or replacement of Contractor items used to implement or comply with requirements of the contract. Likewise, the Government shall in no way be held accountable by the Contractor for the Contractor's inability to perform under this Contract due to Government technology implementations and or changes.

1752.209-71 Contractor's Key Personnel (July 2005) (a) In order to ensure a smooth and orderly start up of work, it is essential that the key personnel specified in the Contractor's proposal be available on the effective date of the contract. If these personnel are not made available at that time, the Contractor must notify the Government Contracting Officer and show cause. If the Contractor does not show cause, the Contractor may be subject to default action. (b) The Contractor shall not of its own will remove or replace any personnel designated as "key" personnel without the written concurrence of the cognizant Contracting Officer. Prior to utilizing employees other than specified personnel, the Contractor shall notify the Government Contracting Officer and the COR. This notification must be no later than five (5) calendar days in advance of any proposed substitution and must include justification (including resume(s) of proposed substitution(s)) in sufficient detail to permit evaluation of the impact on contract performance. (c) Substitute personnel qualifications must be equal to, or greater than, those of the personnel being substituted. If the Government Contracting Officer and the COR determine that the proposed substitute personnel is unacceptable, or that the reduction of effort would be so substantial as to impair the successful performance of the work under the contract, the Contractor may be subject to default action. If deemed necessary by the Government, substitute personnel must be given a one-(1) day orientation by Contractor personnel at no additional cost to the Government and with no change in the delivery schedule. (d) In the event that the performance of assigned Contractor personnel or any substitute(s) is determined by the Government to be unsatisfactory at any time during the life of the Contract, the Government reserves the right to request and receive satisfactory personnel replacement within five (5) calendar days of receipt by the Contractor of written notification. Notification will include the reason for requesting replacement personnel. (e) The Contractor-supplied personnel are employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed herein. The Contractor must select, supervise, and exercise control and direction over its employees (including subcontractors) under this Contract. The Government shall not exercise any supervision or control over the Contractor in its performance of contractual services under this contract. The Contractor is accountable to the Government for the action of its personnel. (f) The Contractor is herewith notified that employee recruiting and employee retention practices shall be monitored on a regular basis.

1752.209-72 Qualifications of Contractor's Employees (July 2005) The Contracting Officer may require dismissal from work of those employees which he/she deems incompetent, careless, insubordinate, unsuitable or otherwise objectionable, or whose continued employment he/she deems contrary to the public interest or inconsistent with the best interest of national security. The Contractor must fill out, and cause each of its employees on the contract work to fill out, for submission to the Government, such forms as may be necessary for security or other reasons. Upon request of the Contracting Officer, the Contractor's employees must be fingerprinted. Each employee of the Contractor who works on this contract shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form 1-151, or who presents other evidence from the Immigration and Naturalization Service that employment will not affect his/her immigration status.

1752.209-73 Standards of Conduct (June 2006) (a) Personnel assigned by the contractor to the performance of work under this order must be acceptable to the Government in terms of personal and professional conduct. Contractor personnel shall conform to standards of conduct as follows: (1) No contractor employees shall solicit new business while performing work under this order. (2) The contractor and its employees shall not discuss with unauthorized persons any information obtained in the performance of work under this order. (b) Should the continued assignment to work under this order of any person in the contractor's organization be deemed by the Contracting Officer to conflict with the interests of the Government, that person shall be removed immediately from assignment, and the reason for removal shall be fully documented in writing by the Contracting Officer. Employment and staffing difficulties shall not be justification for failure to meet established schedules, and if such difficulties impair performance, the contractor may be subject to default.

1752.209-74 Organizational Conflicts of Interest (July 2005) (a) The Contractor warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information. (b) The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict. (c) The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the contacting Office, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (d) The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer. (e) In the event that a requirement changes in such a way as to create a potential conflict of interest for the Contractor, the Contractor must: (1) Notify the Contracting Officer of a potential conflict, and; (2) Recommend to the Government an alternate approach which would avoid the potential conflict, or (3) Present for approval a conflict of interest mitigation plan that will: (i) Describe in detail the changed requirement that creates the potential conflict of interest; and (ii) Outline in detail the actions to be taken by the Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means. (4) The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed. (5) If the Contracting Officer determines that it is in the best interest of the Government to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503.

1752.209-75 Reducing Text Messaging While Driving (Oct 2009) (a) In accordance with Section 4 of the Executive Order, "Federal Leadership on Reducing Text Messaging While Driving," dated October 1, 2009, you are hereby encouraged to: (1) Adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or Government-owned, -leased or -rented vehicles, or while driving privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government; and (2) Consider new company rules and programs, and reevaluating existing programs to prohibit text messaging while driving, and conducting education, awareness, and other outreach for company employees about the safety risks associated with texting while driving. These initiatives should encourage voluntary compliance with the company's text messaging policy while off duty. (b) For purposes of complying with the Executive Order: (1) "Texting" or "Text Messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. (2) "Driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.

1752.222-70 Notice of Requirement for Certification of Nonsegregated Facilities (July 2005) By signing this offer or contract, the contractor will be deemed to have signed and agreed to the provisions of Federal Acquisition Regulations (FAR) Clause 52.222-21, Certification of Nonsegregated Facilities, incorporated by reference in this solicitation/contract. The certification provides that the bidder or offeror does not maintain or provide for its employees, facilities which are segregated on a basis of race, color, religion, or national origin, whether such facilities are segregated by directive or on a de facto basis. The certification also provides that the bidder/offeror does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. FAR Clause 52.222-21 must be included in all subcontracts as well.

1752.222-71 Special Requirements for Employing Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (July 2005) (a) If this contract contains FAR Clause 52.222-35 (Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans), your company must comply with the requirements of this clause, including the listing of employment opportunities with the local office of the state employment service system. (b) If this contract contains FAR clauses 52.222-37 (Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans) or 52.222-38 (Compliance with Veterans' Employment Reporting Requirements), you are reminded that your company must comply with the special reporting requirements described in those clauses. Your company must submit information on several aspects of its employment and hiring of special disabled and Vietnam era veterans or other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. You must submit this information no later than September 30 of each year, in the "Federal Contractor Veterans' Employment Report" or VETS-100 Report. The U.S. Department of Labor has established a web site for submitting this report. The address is: http://www.vets100.cudenver.edu.

1752.223-71 Environmentally Preferable Products and Services (Feb 2013) (a) Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management, requires in agency acquisitions of goods and services (i) use of sustainable environmental practices, including acquisition of biobased, environmentally preferable, energy-efficient, water-efficient, and recycled-content products, and (ii) use of paper of at least 30 percent post-consumer fiber content. (b) By signing this offer or contract, the contractor will be deemed to have signed and agreed that all goods and services provided under this contract will comply with the above requirements of Executive Order 13514.

1752.224-71 Freedom of Information Act Requests (Sep 2009) (a) Offerors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore: (1) All items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked in all documents submitted to the U.S. Office of Personnel Management (OPM or The Government). Marking of items will not necessarily preclude disclosure when the OPM determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable. (2) No later than five (5) business days after award of a contract, blanket purchase agreement (BPA), or order, the Contractor must provide OPM a redacted copy of the contract/BPA/order in electronic format. This copy will be used to satisfy any requests for copies of the contract/BPA/order under the FOIA. If the Contracting Officer believes that any redacted information does not require protection from public release, the issue will be resolved in accordance with paragraph 3.104-4(d) of the Federal Acquisition Regulation. (b) Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. (c) In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees. (d) Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that 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 information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their 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 intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

1752.228-70 Insurance (July 2005) (a) In accordance with FAR 52.228-5, "Insurance-Work on a Government Installation (JAN 1997)" incorporated by reference, the Contractor must secure, pay the premiums for and keep in force until the expiration of this contract, and any renewal thereof, adequate insurance of the types and in the amounts as specified under FAR 28.3. (b) Each policy of insurance must contain an endorsement that any cancellation or material change in the coverage adversely affecting the Government's interest must not be effective unless the insurer or the Contractor gives written notice of cancellation or change, as required by the CO. When the coverage is provided by self-insurance, the Contractor shall not change or decrease the coverage without the CO's prior approval. (c) A certificate of each policy of insurance must be furnished to the CO within ten (10) days after notice of award certifying, among other things, that the policy contains the aforementioned endorsement. The insurance company providing the above insurance must be satisfactory to the Government. Notices of policy changes shall be furnished to the CO. The substance of this clause must be made to flow down to any subcontractors.

1752.232-71 Method of Payment (July 2005) (a) Payments under this contract will be made either by check or by wire transfer through the Treasury Financial Communications System at the option of the Government. (b) The Contractor must forward the following information in writing to the Contracting Officer not later than seven (7) days after receipt of notice of award: (1) Full Name (where practicable), title, telephone number, and complete mailing address of responsible official(s): (i) to whom check payments are to be sent, and (ii) who may be contacted concerning the bank account information requested below. (2) The following bank account information required to accomplish wire transfers: (i) Name, address, and telegraphic abbreviation of the receiving financial institution. (ii) Receiving financial institution's 9-digit American Bankers Association (ABA) identifying number for routing transfer of funds. (Provide this number only if the receiving financial institution has access to the Federal Reserve Communications System.) (iii) Recipient's name and account number at the receiving financial institution to be credited with the funds. If the receiving financial institution does not have access to the Federal Reserve Communications System, provide the name of the correspondent financial institution through which the receiving institution receives electronic funds transfer messages. If a correspondent financial institution is specified, also provide: (A) Address and telegraphic abbreviation of the correspondent financial institution. (B) The correspondent financial institution's 9-digit ABA identifying number for routing transfer of funds. (c) Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing at least 30 days before the effective date of the change. It is the Contractor's responsibility to furnish these changes promptly to avoid payments to erroneous addresses or bank accounts. (d) The document furnishing the information required in paragraphs (b) and (c) must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number.

1752.232-73 Small Business Invoice Requirements (October 2012) (a) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services): (1) Name and address of the contractor. (2) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of transmission.) (3) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (4) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (5) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (6) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. (8) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.) (9) Electronic funds transfer (EFT) banking information. (i) The contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (ii) The last four digits of the contractor's bank account must be shown on each invoice submitted for payment. This information will be used as a cross-reference in situations where the EFT banking information in the Central Contract Registration is suspect. (iii) EFT banking information is not required if the Government waived the requirement to pay by EFT. (10) The vendor's certification that their EFT banking information in the Central Contractor Registration is current, accurate and complete as of the date of the invoice. (11) Any other information or documentation required by the contract (e.g., evidence of shipment). (b) Any invoice that does not contain all of the information listed in paragraph (a) above will be rejected as improper, and a new complete corrected invoice must be submitted. The payment due date for the corrected invoice will be calculated from the date it is received in the Prompt Pay e-mail box. (c) ALL small business invoices-without exception-must have unique identifying numbers, and be submitted via e-mail to OPM's Small Business Invoice e-mail box at:

[email protected]

Please note that OPM cannot guarantee payment of invoices sent by any other means, such as regular mail or e-mail to other addresses. (d) Please attach ONLY one invoice to each e-mail, and use the following format for the subject line of the e-mail:

&&&/ Example: ABC Co&AB-1298433&10000.00&OPM00-00-X-0000/X0000 (e) Payment due dates will only be calculated from the date that invoices are received in the Small Business Invoice e-mail box. (f) Inquiries regarding payment of invoices should be e-mailed to [email protected]. The relevant invoice must be attached to the inquiry e-mail, and the subject line of the e-mail must state "INQUIRY," followed by the information described in paragraph (d) above.

Example: INQUIRY: ABC Co&AB-1298433&10000.00&OPM00-00-X-0000/X0000

Do NOT use the Prompt Pay e-mail box for inquiries.

(g) If the supplies, services, technical or other reports are rejected for failure to conform to the technical requirements of the contract, or for damage in transit or otherwise, the invoice will be rejected and returned to the Contractor.

1752.232-74 Providing Accelerated Payment to Small Business Subcontractors (Oct 2012) (a) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (Note: OMB Policy Memorandum M-12-16 is accessible on line at: http://www.whitehouse.gov/sites/default/files/omb/memoranda/2012/m-12-16.pdf.) (b) Upon receipt of accelerated payments from the Government, the contractor is required to pay all small business subcontractors on an accelerated timetable to the maximum extent practicable after receipt of invoice and all proper documents. (c) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business.

1752.233-70 OPM Protest Procedures [Applicable to Solicitations Only] (Dec 2010) (a) An interested party who files a protest with OPM has the option of requesting review and consideration of the protest by either the Contracting Officer (CO) or the Senior Procurement Executive (SPE). The protest must clearly indicate the official to whom it is directed. (b) If the protest is directed to the SPE, a copy of the protest must be sent to the Director of the Contracting Group at the same time the protest is filed with the CO in accordance with FAR 52.233-2. The address of the Director of the Contract Group is:

William N. Patterson, Director Contracting Group, FSC U.S. Office of Personnel 1900 E Street N.W., Room 1342 Washington, DC 20415

(c) Review and consideration of a protest by the SPE is an alternative to review and consideration by the CO.

1752.237-70 Non-Personal Services (July 2005) (a) As stated in the Office of Federal Procurement Policy Letter 92-1, dated September 23, 1992, Inherently Governmental Functions, no personal services shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor must promptly notify the Contracting Officer of this communication or action. (b) The Contractor must not perform any inherently Governmental actions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee may state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with the contract, Contractor employees must identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee must state that they have no authority to in any way change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer. (c) The Contractor must insure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause limits the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause must be included in all subcontracts at any tier.

1752.239-77 Privacy Act Compliance (Nov 2012) (a) Contractors must comply with the Privacy Act of 1974 rules and regulations in the design, development, or operation of any system of records on individuals to accomplish an OPM function for a System of Records (SOR). (b) In the event of violations of the Act, a civil action may be brought against OPM involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an OPM function, and criminal penalties may be imposed upon the officers or employees of OPM when the violation concerns the operation of a SOR on individuals to accomplish an OPM function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an OPM function, the contractor/subcontractor is considered to be an employee of the agency.

1752.242-70 Contract Performance Information (July 2005) (a) Dissemination of Contract Performance Information The Contractor must not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed must be submitted to the Contracting Officer for approval.

(b) Contractor Testimony All requests for the testimony of the Contractor or its employees, and any intention to testify as an expert witness relating to: (a) any work required by, and or performed under, this contract: or (b) any information provided by any party to assist the Contractor in the performance of this contract, must be immediately reported to the Contracting Officer. Neither the Contractor nor its employees must testify on a matter related to work performed or information provided under this contract, either voluntarily or pursuant to a request, in any judicial or administrative proceeding unless approved by the Contracting Officer or required by a judge in a final court order.

Link/URL: https://www.fbo.gov/notices/9e23f757bdffad66cc70c48d131c2e00