PRESOL | 99 | National Archives at San Bruno and Seattle, Recylcing Services

FBO DAILY ISSUE OF SEPTEMBER 11, 2008 FBO #2481
SOLICITATION NOTICE

99 -- National Archives at San Bruno and Seattle, Recylcing Services

Notice Date: 9/9/2008
Notice Type: Combined Synopsis/Solicitation
NAICS: 541990 — All Other Professional, Scientific, and Technical Services
Contracting Office: National Archives and Records Administration, NAA, Acquisition Center, 8601 Adelphi Road, Room 3340, College Park, Maryland, 20740-6001
ZIP Code: 20740-6001
Solicitation Number: NAMA-NR-08-Q-0002
Archive Date: 10/15/2008
Point of Contact: Lynn Blackmer,, Phone: 9519562012, Jon McIver,, Phone: (301) 837-0286
E-Mail Address: Lynn.Blackmer@NARA.gov, jon.mciver@nara.gov
Small Business Set-Aside: N/A
Description: National Archives and Records Administration REQUEST FOR QUOTE (RFQ) SAN BRUNO RECORDS CENTER (NRHS) AND SEATTLE RECORDS CENTER (NRI) SECURE DOCUMENT DESTRUCTION AND RECYCLING SERVICES SOLICITATION NUMBER:NAMA-NR-08-Q-0002 ISSUE DATE: September 9, 2008 PROPOSALS DUE: September 30, 2008; 3:00 PM PDT PERIOD OF SERVICES: Anticipated December 1, 2008 (or date of contract award if later than anticipated date) through November 30, 2009 plus 4 (four) 12-month option periods U.S. MAIL SEND QUOTES TO: National Archives and Records Administration Pacific Region Attn: Lynn Blackmer Caller Service 8305 Perris, CA 92572 951-956-2012 HAND CARRY OR SHIP (UPS/FEDEX, ETC.) QUOTES TO: National Archives and Records Administration Pacific Region Attn: Lynn Blackmer 23123 Cajalco Rd Perris, CA 92570 951-956-2012 PROPOSAL DUE DATE IS: SEPTEMBER 30, 2008 3:00 PM PDT NOTICE TO OFFERORS COMPLETION OF SOLICITATION REQUIREMENTS Ensure that all forms and additional information are completed in their entirety. Verify calculations before signing the proposal. CONTRACT CLAUSES AND SOLICITATION PROVISIONS (a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text. (b) Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order. (c) FAR 52.212-1, “Instructions to Offerors”; Evaluation of Proposals; and FAR 52.212-3, “Offeror Representations and Certifications-Commercial Items,” will be physically removed from any resultant award, but will remain part of the official contract file. (d) Addenda items are denoted by “addenda” in the clause or provision. Note to Offerors: The Government intends or reserves the right to evaluate proposals and award a contract without discussions. Therefore, each initial offer should contain the Offeror’s best terms from a price and technical standpoint. The Due Date for Quotes is September 30, 2008; 3:00 PM PDT REQUEST FOR PROPOSAL INDEX CONTENT SCHEDULE OF SUPPLIES/SERVICES SOLICITATION CLAUSES FAR 52.212-4Contract Terms and Conditions—Commercial Items Addenda to FAR 52.212-4 National Archives and Records Administration Clauses (Addenda) FAR 52.212-5Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items PERFORMANCE WORK STATEMENT (PWS) Attachment 1 – Certification of Receipt and Destruction Attachment 2 – Volume of Disposal of NRHS and NRI FY07-FY11 Attachment 3 – Quality Assurance Surveillance Plan Attachment 4 – Performance Requirements Summary Attachment 5 – Wage Determination Attachment 6 – Contractor’s Qualifications and Financial Information (GSA Form 527) Attachment 7 – Disclosure of Lobbying Activities (SF Form LLL) Attachment 8 – Past Performance Questionnaire SOLICITATION PROVISIONS (Will Be Removed In Final Contract) FAR 52.212-1Instructions to Offerors—Commercial Items Addenda to 52.212-1 FAR 52.216-1 Type of Contract FAR 52.237-1 Site Visit FAR 52.233-2 Service of Protest FAR 52.217-5 Evaluation of Options Evaluation of Proposals FAR 52.212-3Offeror Representations and Certifications – Commercial Items SCHEDULE OF SERVICES 1. SERVICES TO BE FURNISHED The purposes of this contract are to acquire secure document destruction and recycling services for records that are ready for destruction, and to sell the resulting paper by-product in order to generate revenue. All work must be performed under the terms and conditions of this contract and in accordance with the Performance Work Statement (PWS). Quality Assurance by the Government will include review of the items in Attachment 4, Performance Requirements Summary (PRS). This contract is designed to destroy Federal records according to the prescribed secure document destruction standards outlined in the PWS. The recyclable paper resulting from the destruction services is Government property. The Government will retain title to the paper until the paper is transferred to a buyer. The contractor will retain risk of loss from the time it picks paper up from NHRS and NRI until the time the paper is transferred to a buyer. No minimum number of trailers per week is guaranteed. NARA will receive revenue from this sale. The sale of the paper for NARA by the Contractor shall be performed at no cost. 2. PRICING All paper will be sold in the market at prices determined by the Official Board Markets’ (OBM) ‘yellow sheet’. A.The Contractor should list, for each performance period, the percentage of the high price quote for Mixed paper it will offer NARA. B.Revenue: A billing price per ton shall be determined each month for the Secure Document Disposal Wastepaper. The percentage figure bid by the Contractor will be multiplied by the high price quoted for Mixed Paper then multiplied by the number of tons of Secure Document Disposal Wastepaper removed that month. The quote price will be taken from the OFFICIAL BOARD MARKETS’ yellow sheet issued and published on the third Saturday of the month, for the high tonnage quotes for Chicago. The contractor will apply the published price to the tonnage removed after the publish date until the next publish date. A MINIMUM of $1.00 per ton will be charged on the grade of the paper for the period of this contract. No freight charges will be paid by the Government for transportation of the Secure Document Disposal Wastepaper. In the event that the Official Board Markets becomes unavailable, a source of information acceptable by the Contracting Officer and Contractor shall be used as a basis for determining the prices to be paid for wastepaper purchased and removed under this contract. Sample Calculation: If the percentage figure quoted were 90% of the high market price for Mixed Paper; the price paid to the Government for Secure Document Disposal Wastepaper removed after the high tonnage quote published date, would be computed as follows: Official Board Markets, Vol. 81, No. 24, issued June 11, 2005. The price (high tonnage quote) was $65.00 per ton for Mixed Paper. Given the 90% Contractor quote, the price paid to the Government would have been $58.50 per ton. OFFICIAL BOARD MARKETS published weekly at 2835 N. Sheffield Ave., Ste 226, Chicago, IL 60657, Telephone 773-880-2234. 3. SCHEDULE/PRICING A. Any Other Direct Costs (ODCs), including subcontracts, must be separately identified. PWS (Performance Work Statement); NSP (Not Separately Priced); NTE (Not-To-Exceed); TBD (To Be Determined); Unit Price=high tonnage quote on the published date NOTE: Please email Lynn Blackmer at Lynn.Blackmer@NARA.gov to receive the Word document that contains the table version. B. Base Period—Anticpated, December 1, 2008 (or date of contract award if later than anticipated date) – November 30, 2009; FY09 (subject to FY09 funding) - CLIN 0001: Secured document de4struction services for Federal Records Center, San Bruno, CA in accordance with PWS; 1 Ton, OBM High Tonnage Quote; _____% - CLIN 0002: Data and Reports – Federal Records Center, San Bruno, CA, deliverables in accordance with the PWS; 1 Lot, Not Separately Priced - CLIN 0003: Secured document destruction services for Federal Records Center, Seattle, WA, in accordance with PWS; 1 Ton, OBM High Tonnage Quote; _____% - CLIN 0004: Data and Reports – Federal Records Center, Seattle, WA, deliverables in accordance with the PWS; 1 Lot, Not Separately Priced C. Option Year 1, anticipated December 1, 2009 – November 30, 2010; FY10 - CLIN 0005: Secured document de4struction services for Federal Records Center, San Bruno, CA in accordance with PWS; 1 Ton, OBM High Tonnage Quote; _____% - CLIN 0006: Data and Reports – Federal Records Center, San Bruno, CA, deliverables in accordance with the PWS; 1 Lot, Not Separately Priced - CLIN 0007: Secured document destruction services for Federal Records Center, Seattle, WA, in accordance with PWS; 1 Ton, OBM High Tonnage Quote; _____% - CLIN 0008: Data and Reports – Federal Records Center, Seattle, WA, deliverables in accordance with the PWS; 1 Lot, Not Separately Priced D. Option Year 2, anticipated December 1, 2010 – November 30, 2011; FY11 - CLIN 0009: Secured document de4struction services for Federal Records Center, San Bruno, CA in accordance with PWS; 1 Ton, OBM High Tonnage Quote; _____% - CLIN 0010: Data and Reports – Federal Records Center, San Bruno, CA, deliverables in accordance with the PWS; 1 Lot, Not Separately Priced - CLIN 0011: Secured document destruction services for Federal Records Center, Seattle, WA, in accordance with PWS; 1 Ton, OBM High Tonnage Quote; _____% - CLIN 0012: Data and Reports – Federal Records Center, Seattle, WA, deliverables in accordance with the PWS; 1 Lot, Not Separately Priced E. Option Year 3, anticipated December 1, 2011 – November 30, 2012; FY12 - CLIN 0013: Secured document de4struction services for Federal Records Center, San Bruno, CA in accordance with PWS; 1 Ton, OBM High Tonnage Quote; _____% - CLIN 0014: Data and Reports – Federal Records Center, San Bruno, CA, deliverables in accordance with the PWS; 1 Lot, Not Separately Priced - CLIN 0015: Secured document destruction services for Federal Records Center, Seattle, WA, in accordance with PWS; 1 Ton, OBM High Tonnage Quote; _____% - CLIN 0016: Data and Reports – Federal Records Center, Seattle, WA, deliverables in accordance with the PWS; 1 Lot, Not Separately Priced F. Option Year 4, anticipated December 2, 2012 – November 30, 2013; FY13 - CLIN 0017: Secured document de4struction services for Federal Records Center, San Bruno, CA in accordance with PWS; 1 Ton, OBM High Tonnage Quote; _____% - CLIN 0018: Data and Reports – Federal Records Center, San Bruno, CA, deliverables in accordance with the PWS; 1 Lot, Not Separately Priced - CLIN 0019: Secured document destruction services for Federal Records Center, Seattle, WA, in accordance with PWS; 1 Ton, OBM High Tonnage Quote; _____% - CLIN 0020: Data and Reports – Federal Records Center, Seattle, WA, deliverables in accordance with the PWS; 1 Lot, Not Separately Priced SOLICITATION CLAUSES FAR 52.212-4CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS FEB 2007 (IAW FAR 12.301(b)(3)) 52.212-4 -- Contract Terms and Conditions -- Commercial Items. Contract Terms and Conditions -- Commercial Items (Feb 2007) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights -- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include -- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, 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. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. The specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to: (A) Change the name in the CCR database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract. The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract. Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757. (End of Clause) NATIONAL ARCHIVES AND RECORDS ADMINISTRATION TERMS AND CONDITIONS (ADDENDA to 52.212-4) 1. SUBMISSION OF FORMS AND REPORTS All postage and fees relating to submitting information, including, but not limited to, forms, reports, etc., to the Contracting Officer (CO) or the Contracting Officer’s Representative (COR) shall be prepaid by the Contractor. 2. MARKING OF INFORMATION OR REPORTS All information or reports submitted shall prominently show on the cover of the report: a. Name and business address of Contractor; b.Contractor’s point of contact for report and phone number; c.Contract number and/or Order number; d.Contracting Officer’s name, phone number, and address; and e.Name and address of Contracting Officer’s Representative (COR). 3. GOVERNMENT CONTRACT ADMINISTRATION a. The contract will be administered by: National Archives and Records Administration Acquisition Services Division, Code NAA Room 3340 8601 Adelphi Road College Park, MD 20740-6001 b. Contract administration: NARA Contracting Officer (CO) Jon McIver Telephone: (301) 837-0286 Email: Jon.McIver@NARA.gov Contract Specialist Lynn Blackmer Telephone: (951) 956-2012 Email: Lynn.Blackmer@nara.gov The Contracting Officer (CO) has the overall responsibility for the administration of this task order. Written communication to the Contract Specialist (CS) must make reference to the task order number and must be mailed, postage prepaid, to the above address. c. Contracting Officer (CO): The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the task order terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from task order payments for non-performance or unsatisfactory performance; terminate the task order for convenience or default; and issue final decisions regarding task order questions or matters under dispute. However, the CO may delegate certain other responsibilities to authorized representatives. 4. DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR) a. COR: Lynn R. Blackmer National Archives and Records Administration Pacific Region Caller Service 8305 Perris, CA 92572 Phone: 951-956-2012 Fax: 951-956-2009 E-Mail: Lynn.Blackmer@nara.gov b. The individual named above is designated as the Contracting Officer’s Representative (COR) to assist the Contracting Officer (CO) in the discharge of the CO’s responsibilities. The COR is responsible for monitoring, giving progress reports to the Contract Specialist (CS), and overall technical surveillance of services to be performed under this task order and should be contacted regarding questions or problems of a technical nature. In no event will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the Contractor and any person other than the CO be effective or binding upon the Government. c. When, in the opinion of the Contractor, the COR requests effort outside the existing scope of the contract, the Contractor must promptly notify the CO in writing. d. No action will be taken by the Contractor under such technical instruction unless the CO has issued a contractual change. e. The responsibilities of the COR include, but are not limited to, the following: (1)Serve as the point of contact through which the Contractor can relay questions or problems of a technical nature to the CS and the CO; (2)Be responsible for the inspection and acceptance of the services performed and determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract; (3)Confer with representatives of the Contractor regarding any non-performance or unsatisfactory performance; follow through to assure that all non-performance or unsatisfactory performance is performed/corrected or payment adjustment is recommended to the CS/CO; (4)Review and certify invoices in accordance with invoicing instructions of the contract. Maintain a file with copies of these documents; (5)Review and evaluate Contractor’s indefinite delivery, indefinite quantity (IDIQ) estimates, furnish comments, and recommendations to the CS/CO; (6)Advise the CS of any performance problems and make recommendations for corrective action to correct performance issues; (7)Furnish the CS with any requests for change, deviation, or waiver (whether generated by Government personnel or Contractor personnel), including all supporting paperwork in connection with such change, deviation, or waiver; (8)Submit a written evaluation to the CS/CO within 60 days of contract completion or annually on the anniversary date for contracts that include options. The evaluation should include: (a)The quality and timeliness of the Contractor’s performance; and (b)A statement as to the uses made of any deliverables furnished by the Contractor. 5.RECEIPT OF RECYCLING REVENUES All revenue generated by the sale of paper shall be remitted to NARA via electronic funds transfer (EFT) or check no later than the 15th day after the end of each quarter. The EFT account information will be provided to vendor upon award. National Archives and Records Administration ARC/ASD/NAR ARC/ASD/NAR Avery 3-F P.O. Box 1328 Parkersburg, WV 26106-1328 Along with payment, the Contractor is required to submit electronically a cover letter to the CO and COR that includes the following: - CLIN number for appropriate performance period (see Schedule) - Identity of the records center - Amount of revenue for the records center with a break down of the revenue that indicates paper type and overall composite ton mix - Service period (i.e., 1-1-07 through 1-31-07) - Service performed: Recycling If payment is made by check, send payment for the San Bruno facility to: National Archives and Records Adminnistration Pacific Region Attn: Kevin Wiese 1000 Commodore San Bruno, CA 94066 650-238-3505 Send payment for the Seattle facility to: National Archives and Records Administration Pacific Alaska Region Attn: Kelley Yackley 6125 Sand Point Way NE Seattle, WA 98115 206-336-5144 6. ADJUSTING PAYMENT Under the terms and conditions of this contract, payment may be adjusted if any services do not conform with contract requirements. The COR will inform the Contractor in writing of the type and dollar amount of proposed payment adjustment deductions with reference to the appropriate contract term or condition on or before 15 calendar days of deficiencies and request for a deduction from monthly payment. 7. FINAL PAYMENT Before final NARA payment is made, the Contractor shall furnish to the Contracting Officer a written release of all claims against the Government arising by virtue of the contract, other than claims in stated amounts as may be specifically excluded by the Contractor from the operation of the release. If the Contractor’s claim to amounts payable under the contract has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), a release may also be requested of the assignee. To ensure that all necessary adjustments for non-performance or unsatisfactory performance have been made and a release of claims has been submitted before the contract is closed out, the final NARA payment will be made in thirty (30) calendar days after receipt of a proper invoice, date of completion of performance, or receipt of release of claims by the Contracting Officer, whichever is later. 8. STANDARDS OF CONDUCT a.The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity. The Contractor is also responsible for ensuring that its employees and those of its subcontractor(s) do not: jeopardize the security and the privacy of Government employees, its clientele, and the contents and property of the federal building(s) in which the contract work is performed. Each employee or supervisor of the Contractor is expected to adhere to standards of behavior that reflect credit on themselves, their employer, and the Federal Government. b.The Contractor shall be responsible for taking such disciplinary action, including suspension without pay or removal from the work site, with respect to its employees, as may be necessary to enforce those standards. c.Where applicable, the requirements of this clause shall be expressly incorporated into subcontract(s) and shall be applicable to all subcontractor employees who may perform recurring services or work at the federal building and grounds of this contract. d.The Government retains the right to permanently remove any employee of the Contractor from performing duties assigned under this contract at the federal building or grounds should the employee’s performance so warrant. The Government will request the Contractor to immediately remove any employee of the Contractor from the federal building/work site should it be determined by the Contracting Officer that the individual employee of the Contractor is “unsuitable” for security reasons or for otherwise being found to be unfit for performing his assigned duty at a federal building. The following areas (not all inclusive) are considered justification for requesting the Contractor to immediately remove an employee from a federal building/work site: (1)Neglect of assigned duty and refusing to render assistance or cooperate in upholding the integrity of the security programs at the work site; (2)Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records; (3)Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, or fighting; participation in disruptive activities which interfere with the normal and efficient operations of the Government; (4)Theft, vandalism, immoral conduct, or any other criminal actions; (5)Selling, consuming, or being under the influence of intoxicants, drugs, or controlled substances which produce similar effects; (6)Improper use of official authority or credentials, as a supervisor or employee of the Contractor; (7)Violation of agency and Contractor security procedures and regulations; and (8)Violation of the rules and regulations governing federal public buildings and grounds, set forth in 41 CFR Subpart 101-20.3 Conduct on Federal Property. e.Following a recommendation from an agency program official or security officer, the Contracting Officer will make all determinations regarding the removal of any employee of the Contractor from and denial/termination of clearance and access to the federal building work site for non-performance, misconduct, or failure to abide by all laws and regulations. The Contracting Officer will verbally inform the Contractor about the employee, followed by a written confirmation or determination. Specific reasons for the removal of an employee will be provided to the Contractor in writing. In the event of a dispute, the Contracting Officer will make a final determination. f.Upon a determination of the Government that an employee of the Contractor be removed from or denied access to a federal building work site, the employee’s clearance and access to the federal building shall be immediately revoked or otherwise terminated. Furthermore, if applicable, the building pass and/or other access device(s) previously given to the employee shall be immediately surrendered, returned, or delivered to the security officer of the federal building. 9. PERMITS AND LICENSES In performance of work under this contract, the Contractor shall, without additional expense to the Government, be responsible for obtaining all necessary licenses and permits, including a city license and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of this contract. 10. KEY PERSONNEL a.The Contractor agrees to assign to the contract key persons whose resumes were submitted with the Contractor’s proposal as required to fill the requirements of the contract. All resumes submitted with the technical proposal will require re-submission to the COR within 10 calendar days following contract award. No substitution or addition of personnel will be made except in accordance with this clause or by written permission by the Contracting Officer. Through out the contract all resumes shall be submitted to the COR upon submitting a request for security clearance / background suitability checks. b.The Contractor agrees that during the first 18 months of the contract period, no personnel substitutions will be permitted, unless, such substitutions are necessitated by an individual’s sudden illness, death or termination of employment. In any of these events, the Contractor shall promptly notify the COR and Contracting Officer along with the information required by paragraph (d) below. c.If any contractor personnel assigned to this contract on-site, for whatever reason, become unavailable for work under this contract for a continuous period of thirty (30) calendar days, and or are not on-site at their assigned position a minimum of 98% of the time through out each contract year, then the Contractor shall propose a replacement of such personnel, in accordance with paragraph (d) below. d.All proposed contractor personnel shall be submitted, in writing, to the Contracting Officer at a minimum of thirty calendar days for a temporary security clearance is to be obtained, in advance of the proposed substitution. Each request shall provide a detailed explanation of the circumstances necessitating the proposed substitution; a complete resume(s) for the proposed substitute(s); the hourly rates of the incumbent(s) and the proposed substitute(s); and any other information required by the Contracting Officer or COR to approve or disapprove the proposed substitution(s). Resumes for key personnel substitutions shall be submitted in accordance with the format specified in the original solicitation. All proposed substitutes (no matter when they are proposed during the performance period) shall have qualifications that are equal to or higher than the qualifications of the person being replaced. No exceptions. e.In the event the Contractor designates additional key personnel as deemed appropriate for the requirement, the Contractor shall submit to the Contracting Officer for approval the information required in paragraph (d) above and at least 30 calendar days in advance of being assigned to report to duty. f.The Contracting Officer or COR shall evaluate requests for substitution and addition of personnel and promptly notify the Contractor, in writing, whether a request is approved or disapproved. g.If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated, or have otherwise become unavailable to perform under the contract is not reasonably forthcoming, or that a resultant reduction of productive effort or a lack of vendors to supply stock and materials, would impair the successful completion of the contract, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate. Alternatively, at the Contracting Officer’s discretion, if the Contracting Officer finds the Contractor to be at fault for the condition, the CO may equitably adjust (downward) the contract price to compensate the Government for any delay, loss or damage as a result of the Contractor’s action. Contractor employees are not permitted access to the building after-hours or during off-duty hours unless they’re attending a special event as a visitor and then will only have access into the public areas and not into administration areas or contractor areas. Exceptions are when reporting to work as requested by the COR for an after-hours repair or as coordinated with the COR for a special situation or event. 11. INSURANCE REQUIREMENTS a.In accordance with the clause of this contract entitled “INSURANCE—WORK ON A GOVERNMENT INSTALLATION” (FAR 52.228-5), the Contractor shall acquire and maintain during the entire performance period of this contract insurance of at least the following kinds and minimum amounts set forth below. TYPES OF INSURANCEMINIMUM AMOUNT Workmen’s Compensation and all$100,000, except as providedoccupational diseasefor in FAR 28.307(a) Employee’s Liability Insurance and all $100,000 per accident Occupation disease when not covered by Workmen’s Compensation above General Liability Insurance (Comprehensive) Bodily Injury per occurrence $500,000 Property Damage per occurrence $100,000 Vehicle Liability Insurance (Comprehensive) Bodily Injury per person$200,000 Bodily Injury per accident$500,000 Property Damage per accident$100,000 b.The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims. 12. OVERTIME All overtime cost is included in the contract price. The Contractor is obligated, at no additional compensation, except for IDIQ orders, to meet all requirements of this contract. The Contractor shall pay overtime premiums to all employees as required by the terms and conditions of this contract, and all applicable State and Federal laws at no increase in the contract fixed price and no additional expense to the Government. 13. COOPERATION WITH OTHER ON-SITE CONTRACTORS a. When the Government undertakes or awards other contracts for additional work at the facilities, the Contractor shall: (1) fully cooperate with the other Contractors and Government employees and (2) carefully fit its own work in with other additional contracted work as may be directed by the Contracting Officer’s Representative (COR). The Contractor shall not commit or permit any act which will interfere with the performance of work awarded to another Contractor or with the performance of other Government employees. In addition the contractor shall act as a consultant and assist with government hired work as far as altering building, HVAC, electrical and where applicable whether reporting building deficiencies, scheduling, advisement for building alterations or new construction, performing inspections and assisting with warranties. b. In any case where, in the course of fulfilling the contract requirements, the Contractor disturbs any work guaranteed under another separate contract, the Contractor shall restore such disturbed work to a condition satisfactory to the COR at no additional cost to the Government and guarantee such restored work to the same extent as it was guaranteed under the other contract. 14. FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) (IAW FAR 17.208(f)) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. 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 45 days. (End of Clause) 15. FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (IAW FAR 17.208(g)) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 66 months. (End of Clause) 16. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) (IAW FAR 52.107(b)) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far http://farsite.hill.af.mil/vffara.htm a. FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984) b.FAR 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) c.FAR 52.237-3 CONTINUITY OF SERVICES (JAN 1991) d.FAR 52.243-1 CHANGES-FIXED PRICE-ALTERNATE I (AUG 1987) e. FAR 52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996) FAR 52.212-5 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS June 2008 (IAW FAR 12.301(b)(4)) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (June 2008) 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) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 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 shall check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a). ___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (4) [Reserved] ___ (5) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-6. ___ (iii) Alternate II (Mar 2004) of 52.219-6. ___ (6) (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. ___ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). ___ (8) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. X. (9) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)). ___ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C. 637(d)(4)(F)(i)). ___ (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sep 2005)(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. ___ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (13) 52.219-26, Small Disadvantaged Business Participation Program—Incentive Subcontracting (Oct 2000)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). ___ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C. 632(a)(2)). X. (16) 52.222-3, Convict Labor (June 2003)(E.O. 11755). X. (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). X. (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X. (19) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). X. (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). X. (21) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793). X. (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). X. (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). ___ (24) (i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts). ___ (ii) Alternate I (Aug 2007) of 52.222-50. ___ (25) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). ___ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (27) (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. ___ (28) 52.225-1, Buy American Act--Supplies (June 2003)(41 U.S.C. 10a-10d). ___ (29) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. ___ (30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X. (31) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2006) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (34) 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)). ___ (35) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X. (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct. 2003)(31 U.S.C. 3332). ___ (37) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration (May 1999)(31 U.S.C. 3332). ___ (38) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332). X. (39) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). ___ (40) (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.] 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) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(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 Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007)(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 Records -- Negotiation. (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 Contractor’s 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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.219-8, 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. (ii) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (v) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.) (vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (viii) 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.) (ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (x) 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) PERFORMANCE WORK STATEMENT SAN BRUNO RECORDS CENTER AND SEATTLE RECORDS CENTER SECURE DOCUMENT DESTRUCTION AND RECYCLING SERVICES 1.0BACKGROUND The United States Code (44 U.S.C. 2907) provides for the establishment, operation and maintenance of records centers by the National Archives and Records Administration (NARA) for Federal agencies. NARA records centers are authorized to store records of a Federal agency that are properly covered by a NARA-approved records disposition schedule or the General Records Schedule. The records disposition schedule provides for either the accessioning of the permanent records into the National Archives or destruction after a specified period of time or occurrence of an event. The sensitive confidential nature of many of the records requires that the destruction process must be secure and thorough so as to ensure against public dissemination of any of the data in the records. The NARA Records Centers at San Bruno, CA, and Seattle, WA, have an ongoing need for the destruction of stored paper that is no longer viable for record keeping purposes. The Record Centers require a smooth, continual process of shipping and destruction in order to create space for the new annual accessions that it receives from various agencies. In order to facilitate the process, the Government desires to create a no-cost contract for the shipping, storage, and destruction of the stored records while receiving revenue for part of the recycled paper value per the high Official Board Market for Chicago for mixed paper. The nature of the material to be destroyed comes in two basic varieties: 1) Government-witnessed material (that which must be destroyed in the presence of a Government official via a one-step process in order to insure maximum protection from disclosure); and 2) Contractor-witnessed material (requires a certified document verifying that the destruction of the material was witnessed by the Contractor’s management staff). These classifications, as briefly noted above, require different procedures for shipping, storage, and destruction. It is imperative that the requisite safeguards are followed. 2.0 SCOPE OF WORK The Contractor shall provide all labor, personnel, equipment, supplies, secured vehicles, materials, supervision and other related services necessary to provide off-site commercial document destruction services for the Records Centers. The San Bruno Records Center is located at: Pacific Region – San Mateo County 1000 Commodore San Bruno, CA 94066 The Seattle Records Center is located at: 6125 Sand Point Way NE Seattle, WA 98115 The Records Centers require destruction of Federal Records and the Contractor is to remove accumulations of Federal Records that are ready for destruction. The Records Centers may have record groups varying in quality and quantity. The Contractor shall take all appropriate measures to prevent the unauthorized disclosure of protected information. Every Contractor employee must be aware of the information that must be protected and the methods that will be used in its destruction. NARA shall have the right to send its officers and employees and customers, including the Internal Revenue Service, and/or any other Federal agency whose records are being processed, to inspect the offices and plants of work under this contract prior to award and at any time during the performance of the work under this agreement. On the basis of such inspection, specific remedial measures may be required in cases where the Contractor is found to be non-compliant with contract safeguards. All IRS data and records are sensitive and confidential. These documents must be safeguarded so as to prevent the occurrence of any unauthorized disclosures and/or inspections of the data and records. 3.0SECURE DOCUMENT DESTRUCTION AND RECYCLE SERVICES 3.1Pickup and Transportation of Recyclable Materials: 3.1.1Annual Estimate of Volume and Weight [Average weight - 35 pounds per box] 3.1.1.1IRS records – 15,000 cubic feet for the 1st year, 5,000 cubic feet each additional year, at San Bruno; and 2,300 cubic feet at Seattle 3.1.1.2Contractor Witness Material – 15,000 cubic feet for the 1st year and 12,000 cubic feet each additional year at San Bruno; and 6,700 cubic feet at Seattle 3.1.1.3Government Witness Disposal - 25 cubic feet at San Bruno and 50 cubic feet at Seattle 3.1.2Palletizing of Recyclable Paper. The Records Centers will palletize, shrink-wrap, and load the wastepaper as follows: 3.1.2.1Each pallet will have six levels of boxes. Note: 65 boxes is an average amount of boxes on one pallet. Cardboard may be used on top of the top level to cover the open ends of the boxes. The average weight of a box of records is calculated at (35) pounds per box. 3.1.2.2Boxes of disposable records will be secured to Government provided pallets by NARA personnel using plastic shrink-wrap. 3.1.2.3NARA personnel will load full pallets inside contractor furnished trailers to full visible capacity with an electric forklift or electric pallet-jack. 3.1.3Transportation of Recyclable Paper. The Contractor shall secure all recyclable materials in such a manner so as to prevent it from dropping off the conveyance while being transported. All trailers will be enclosed with metal sides, sealed, and secured to maintain control and security of the materials until destruction. Two load lock bars are required for all loads to avoid spillage. Drivers must have cell phones or other mobile telecommunications device. 3.1.3.1The Contractor shall provide empty tractor-trailer trucks at the Records Centers facilities, on dates agreed upon between the Records Centers and the Contractor, for the removal of wastepaper. The Records Centers shall provide a minimum 48 hours advance notice to schedule. The Contractor shall wait for the truck to be loaded (approximately ½ hour) and promptly remove it once loading is complete. The peak time of year is November through June. The Contractor will provide the COR with a trailer number and the name of the driver before the truck arrives at the Records Centers. No minimum number of trailers per week is guaranteed. The Contractor may inspect the location in order to identify specific limitations and requirements of dock and storage space. A typical load will consist of 22 pallets on 48 foot trailers or 24 pallets on 53 foot trailers. The Contractor shall ensure that no single load exceeds state imposed gross weight limits including pallets even if a load must contain fewer than 22 or 24 pallets respectively. 3.1.3.2NARA Secure Document Disposal Wastepaper will be the only material on each trailer load. Wastepaper may only be transported on enclosed trailers with metal sides. The Records Centers will furnish a metal seal stamped “U.S. Government” and lock for the truck for each load. The key to the locks will only be given to designated authorized Contractor personnel. Contractor shall return locks to NARA on an agreed upon schedule. 3.1.3.3A “no cost to the Government” bill of lading or manifest will be provided to the driver authorizing the transportation of the material. The driver will accept the load by signing the “manifest” including the date and time of departure. The manifest will include the following information: 3.1.3.3.1Point of origin 3.1.3.3.2Contents (Office Records-Old) 3.1.3.3.3Date loaded 3.1.3.3.4Number of pallets 3.1.3.3.5Trailer number 3.1.3.3.6Seal number 3.1.3.3.7Any remarks, and 3.1.3.3.8Signature of Records Center employee affixing lock and seal and Contractor driver signature. 3.1.3.4The Records Centers will provide a notice of the safeguards and securities required for each load to the driver and post a copy of that notice on the last row of boxes or on the last pallet on the truck. 3.1.3.5The truck will proceed directly on a dedicated run, without change of driver, from the Records Centers to the Contractor’s plant. The Contractor will promptly inform the designated Records Centers officials should a delay of any nature occur in the delivery of the material to the plant. The lock and seal will not be removed until the destruction facility is ready to process the material. If the trailer cannot be unloaded immediately, or if the destruction process is delayed or interrupted, the trailer will be kept locked, sealed, and in a secure area on the plant grounds. If the materials to be destroyed have been unloaded from the trailer and are to be stored within the Contractor’s facility, the Contractor shall ensure the security of the documents. 3.1.3.6Some of the trucks may contain wastepaper that requires a NARA employee on disposal site to witness the disposal process. The Contractor or subcontractor will provide accommodations for this additional step. The NARA witness will be responsible for verifying the seal and lock have not been tampered with, and will watch the destruction of the government-witnessed contents of the trailer. 3.1.3.7The Contractor shall leave the Records Centers’ docks in a clean and orderly condition and shall be liable and reimburse NARA for any damage to Government property caused by removal operations of the Contractor or his agents due to carelessness or neglect. 3.2Contractor Equipment. The Contractor will provide enclosed trailers (48 foot or 53 foot) with metal sides which have two load lock bars for the pick up and removal of wastepaper. Specific containers and other equipment will be coordinated with the approval of the COR. The Contractor is also responsible for unloading wastepaper at the destruction facility. All Contractor equipment shall be properly maintained by the Contractor so as to minimize mechanical problems and breakdowns. The Government shall not be held responsible for damage to the Contractor’s equipment. 3.2.1Contractor Vehicles. 3.2.1.1All Contractor vehicles utilized in the performance of this contract shall be insured (up to the minimum coverage required by the respective State) and maintain current state vehicle registration. All Contractor drivers shall possess a valid State Commercial Driver’s License and have a clean driving record. The Contractor or his/her employees shall not use personal vehicles for transportation of materials under this contract. 3.2.1.2The Contractor shall ensure that all Contractor vehicles utilized under this contract are kept in proper working condition. Contractor vehicles shall be locked and properly secured while at the Government site or Contractor site(s). Vehicles used in the performance of the contract shall not be left unattended while transporting recyclable materials under this contract. 3.3 Requirements for Destruction of Federal Records received from the Records Centers 3.3.1Witnessed Disposal: All disposals of Federal records received from the Records Centers must be handled as either government- or Contractor-witnessed disposal. 3.3.1.1Contractor Witnessed Disposal: If agencies have authorized the use of Contractors to witness disposal of its records, the Contractor shall provide a signed Certificate of Destruction after the records are destroyed. (See Certificate of Destruction paragraph 3.3.3.2.2) 3.3.1.2Government Witnessed Disposal: If NARA clients, e.g. Federal Agencies, require that a government employee witness the disposal of its records, a government employee shall be on-site to witness the disposal of the records. Trailers may not be opened without a government witness present and records must be destroyed while the government witness is present. Destruction of all records on an individual trailer shall occur at the same Contractor Secure Document Destruction facility unless otherwise authorized by NARA. The government employee witness and contractor will sign a Certificate of Receipt and Destruction form, Attachment 1 after the records are destroyed. The Government and the Contractor should receive a copy of this form. 3.3.2Shredding Specifications: In accordance with the Internal Revenue Service Physical Security Standards Handbook 1.16.13, Chapter 3.4.2, Information Protection, Destruction Precautions, paper data shall be destroyed (shredded) to a size of 5/16 inch width strips. The Contractor may also destroy wastepaper by putting it into a pulping vat. Either method shall produce an end product that is totally illegible. Protected information contained on any other form of media will be removed, obliterated, or the media destroyed in such a manner that the information is totally unrecoverable. (NOTE: The material may contain an amount of contaminants beyond the normal level for mixed paper-staples, paper clips, metal.) 3.3.3Requirements for Destruction of Federal Records Containing Federal Tax Information (FTI) : According to Internal Revenue Code 6103(p)(4)(F), upon the completion of use of Federal tax information (FTI), agencies or organizations are required to follow certain guidelines in the destruction of this information to prevent unauthorized disclosure. In order to meet compliance with this and other requirements established by the IRS Safeguard Program Office, NARA follows specific disposal procedures when authorizing the destruction of IRS tax returns and other IRS records containing FTI. The following procedures and policies are in place at the Records Centers to ensure compliance with IRS policy: 3.3.3.1Trucks carrying IRS records containing Federal tax information are to be locked and sealed at all times until actual destruction takes place. All NARA staff, Contractors, and volunteers are required to undergo disclosure safeguards awareness training during orientation and annually thereafter. 3.3.3.2In addition, the following guidelines from IRS Publication 1075 must be followed when destroying Federal tax information: 3.3.3.2.1Shredding precautions: The paper should be shredded to affect 5/16-inch wide or smaller strips. Contractor and Government observers shall ensure that material still in readable form after going through the shred process is re-shredded and that designated shred areas are cleared of IRS materials. 3.3.3.2.2Certificate of Destruction: The Contractor shall provide a Certificate of Destruction for all recyclable materials after the destruction of each trailer load. This certificate should be delivered to the Records Centers within one week after pickup. This can be the Standard Form 1428 as listed in FAR 52.245-2(i)(3)(i). If the SF 1428 is not used, the Certificate of Destruction shall, as a minimum, contain the following: a.Pick-up/Delivery Location b.Pick-up/Delivery Date c.Name of Government COTR at Pick-up Location d.Amount of shredded waste (# of containers picked up and pounds / tons shredded) e.Destruction Certification Document Number f.Destruction Certification Date g.Method of Destruction 3.3.4Contractor Secure Destruction Facility: Contractor agrees to provide a Secure Document Destruction facility capable of handling forecast volumes of destruction material for the Records Centers. Contractor will utilize existing Secure Document Destruction facility or set up a new Secure Document Destruction facility where these capabilities do not currently exist. 3.3.4.1All recyclable materials shall be removed from the NARA premises and transported to a NARA approved Contractor Secure Destruction Facility for shredding and destruction. Prior to beginning performance under the contract, each Contractor facility designated as a destruction site will be inspected and approved in writing by the NARA Contracting Officer or a designated representative thereof. Each Contractor Secure Destruction facility shall meet the National Association for Information Destruction (N.A.I.D.) AAA standards for security as a minimum. 3.3.4.2Upon arrival of the IRS security waste at the Contractor facility, and until completion of destruction, the security waste material must be maintained in a secured holding area, which will prevent any disclosure or unauthorized access. Videotapes or other digital recordings of the destruction process and Contractor facilities shall be created for all lots (loads) of NARA recyclable materials. These recordings shall be kept for ninety (90) days and made available to the NARA Security / Disclosure Representative upon request. (See IRS clause 1052.224-9002, Disclosure of Information – Inspection). 3.4Compliance with regulations 3.4.1The Contractor shall ensure that all Federal records are handled in accordance with FAR 52.245-2, Government Property (Fixed-Price Contracts). 3.4.2The Contractor shall comply with all Federal, State, and local laws and regulations pertaining to the transport, processing, and sale of recyclable materials. Prior to contract start date, the Contractor shall obtain any and all necessary permits, registrations, and licenses for recycling for the jurisdiction in which services are to be performed. 3.4.3Publicity: The Contractor must understand that publicity about the hauling and reuse of sensitive records might increase the possibility of loss due to disclosure. Therefore, the Contractor shall obtain prior written approval from the COR before releasing any publicity about such activity. 4.0CONTRACTOR PERSONNEL 4.1Point of Contact: NARA requires the Contractor provide an individual to act as the primary point of contact. This person must understand the requirements of this effort and be available to handle various logistical and management concerns. This position is considered key personnel in accordance with NARA terms and conditions outlined for this effort. 4.2Personnel Identification and Security Requirements 4.2.1All Contractor employees shall be required to carry Contractor issued photo identification cards containing, as a minimum, the following information: Contractor’s company name, Employee’s name Date of Issuance Expiration Date 4.2.2The photo identification cards shall be carried by the Contractor employees at all times during performance under the contract at the Government site. 4.3 Mandatory Training for Contractor Staff 4.3.1Contractor must comply with Section 6103 of the Internal Revenue Code (IRC) (26 CFR, 301.6103(n)-1(d)). This regulation requires agencies receiving taxpayer data to provide safeguards to the satisfaction of the IRS in three areas: 1) protecting the confidentiality of taxpayer data; 2) providing measures to prevent unauthorized inspection or disclosure; and, 3) restricting use to the purpose for which it was intended. 4.3.2Contractor shall conduct annual disclosure/safeguards training. All Contractor staff, laborers and subcontractors working in the Secure Document Destruction Facility shall receive orientation training regarding disclosure/safeguards requirements and agree to comply with safeguard requirements, prior to actual pickup by Contractor of IRS boxes or records. Thereafter, Contractor staff and laborers and subcontractors will continue to receive annual disclosure/safeguards training. Training shall include the presentation of two NARA Provided IRS videos, “Safeguarding IRS Confidential Information – A Guide for Contractors,” and “Stop UNAX in its Tracks,” as well as a general, but clear discussion of IRC 6103 and the penalties under law for any unauthorized disclosure or inspection. At the time of disclosure/safeguards training, everyone should have received a copy of the “IRS Disclosure Awareness Pocket Guide for Contractors.” At the completion of training, all participants shall have signed the “Acknowledgement of Privileged Nature of Records” form. The signed form (original) will be placed in the employee’s personnel file. The Contractor shall provide copies of the signed forms to the COR. 4.3.3As new Contractor staff and workers join the Contractor Document Destruction staff, disclosure/safeguards awareness training will occur upon the beginning of their service. From that point forward, they should participate in the next annual disclosure/safeguards awareness training program at the facility. 4.3.4Contractor will ensure that NARA provided training materials are adapted to meet any special or unique training requirements of Contractor staff or workers. The training requirements also apply to subcontractors, their officers and employees. 4.4 Employee Disclosure Safeguards: Prior to beginning performance under this contract, the Contractor shall notify its employees and any subcontractors in writing of the Civil and Criminal sanctions with regard to unauthorized Disclosure and inspection of Federal tax returns and return information. Prior to beginning performance under this contract, the Contractor shall obtain signed certifications from each employee that the employee understands and accepts the terms and conditions as related to the civil and criminal sanctions related to unauthorized Disclosure. An original signed certification form shall be placed in each employee’s personnel folder. The Contractor shall provide copies of the employee certifications to the COR. 5.0 SALE OF RECYCLABLE MATERIAL. All materials shall be destroyed and baled in accordance with the Sections 2.0 and 3.0 above. All recyclable material shall be presented to recyclers in a manner suitable for recycling and then it shall be recycled in accordance with accepted industry standards. As such, the Contractor must bear the burden of financial loss for paper that is rendered not fit for recycling while in its possession. 5.1Restriction on Use of Recycled Paper: The accumulations of Secure Document Disposal Wastepaper removed under contract contain sensitive or confidential information which is covered by the Privacy Act of 1974 (Public Law 93-579). Contractor is responsible for ensuring that this material be shredded prior to Recycling. 5.1.1Recyclable paper destroyed under this contract shall be used or sold as recyclable paper only. The Contractor shall not use, allow access to, or offer for resale any papers, documents, file record material or any other form of records as files, records, or for the information contained therein. 5.2 Notification is given regarding the unauthorized disclosure of Official Use Only information. Further disclosure of such Official Use Only information, by any means, for a purpose or to an extent unauthorized herein, shall subject the offender to criminal sanctions imposed by 18 U.S.C. Section 641. That section provides, in pertinent part, that whoever knowingly converts to his use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever received the same with the intent to convert it to his use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000 or imprisonment of up to 10 years, or both. 5.3 Additionally, it is incumbent upon the Contractor to be aware of the penalties for improper disclosure imposed by the Privacy Act of 1974, U.S.C. 552a. Specifically 5 U.S.C. 552a(I)(1), which is made applicable to the contractor by 5 U.S.C. 552 a(m), provides that a contractor who by virtue of his employment or official position has possession of, or access to, agency records which contain individually identifiable information the disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. 5.4 Additional References the Contractor must adhere to: 5.4.1IRC Sec. 7213, Unauthorized Disclosure of Information 5.4.2IRC Sec. 7431, Civil Damages for Unauthorized Disclosure of Returns and Return Information 5.4.3NARA 1464, Destruction of Federal Records in the Custody of NARA Records Centers 5.4.4NARA 1464 Supplement, Disposal Procedures for Temporary Records 6.0 CONTRACTOR QUALITY CONTROL. The Contractor shall develop and maintain quality control programs to ensure destruction and recycling services are performed in accordance with commonly accepted commercial practices. The Contractor shall develop and implement procedures to identify and prevent the occurrence of defective services. The Contractor shall develop quality control procedures to remediate any processes where acceptable quality levels are not met. Contractor will comply with the specification requirements for destruction of IRS data and records. 6.1 Performance and Inspection. According to the Inspection of Services clause (Inspection of Services-Fixed Price found in ADDENDA to 52.212-4), the Government will evaluate the Contractor’s performance under this contract. The COR will perform surveillance on those tasks listed in Attachment 4, Performance Requirements Summary (PRS), and will record all surveillance observations. 7.0 DELIVERABLES. All documents shall be submitted electronically in Contractor format. 7.1 Quarterly Reports: The Contractor shall provide NARA with detailed monthly accounts of a) the volume of paper processed and recycled measured in pounds / tons; and b) the total value of that paper based on a composite price defined in accordance with high Official Board Markets (OBM) for Chicago prices. Each quarterly report shall be provided to the CO and the COR. 7.1.1The Contractor shall weigh each load of wastepaper on the day of pick-up. The Contractor shall arrange for and pay all expenses of weighing on certified scales or other scales acceptable to the COR. Copies of weigh tickets (or equivalent) that show the weight of paper in each trailer will be included in the monthly reports. 7.2 Payment to the Records Centers. The Contractor will submit a payment 15 days after activity in accordance Receipt of Recycling Revenues clause based on the percentage of the high Chicago Official Board market for mixed paper at the time of the weighing. 8.0 GOVERNMENT FURNISHED PROPERTY. See Attachment 2, Volume of Disposal at Records Centers, for the estimated annual volumes for the Records Centers. Estimated weights of the recyclable materials are based on the best available Government information at the time of issuance of this solicitation. The Government does not guarantee these estimated weights to be factual. NARA agrees to provide Contractor with quarterly updates of forecasts of disposal. The Government will retain title to the paper until the paper is transferred to a buyer. 9.0 CONTRACTOR FURNISHED PROPERTY AND EQUIPMENT. The Contractor must provide all equipment and supplies, not furnished by the Government, required to perform in accordance with the requirements of this PWS. 10.0PERIOD OF PERFORMANCE/CONTRACT TYPE 10.1Period of Performance: The period of performance is for a base period of twelve (12) months and four (4) option periods of twelve (12) months each. 10.2Contract Type: This is a no-cost (revenue generating) contract. ATTACHMENT 1 CERTIFICATE OF RECEIPT AND DESTRUCTION To be completed by records center employees: Load Number FY _____ Records Center ______________________________________ Driver:Pickup Date: Seal Number:Departure time: Lock Number:Trailer Number: Ship to Address: Driver’s Name: Locked and Sealed by: ______________________________________ Number of PalletsContractor- or Government- WitnessedType of Record To be completed by Contractor: Date Arrived:Verification of Seal & LockTicket NumberGross Weight To be completed by person witnessing the destruction: Date of DestructionMethod of DestructionDestruction Witnessed by (Signature) ATTACHMENT 2 VOLUME OF DISPOSAL AT NRHRS FY07 – FY2011 SAN BRUNO, CA NOTE: Volumes are by cubic feet unless otherwise noted. For the purposes of this contract, one cubic foot equals 35 lbs. Please contact Lynn Blackmer at Lynn.Blackmer@NARA.gov for a Word document that contains the table version of Attachment 2. Oct 2006: 3705 Jan 2007: 13063 Apr 2007: 1431 Jul 2007: 4276 Total: 22475 Tons: Already shredded Oct 2007: 1687 Jan 2008: 12208 Apr 2008: 9755 Jul 2008: 3813 Total: 27463 Tons: 237 Oct 2008: 6137 Jan 2009: 12159 Apr 2009: 953 Jul 2009: 1132 Total: 20381 Tons: 357 Oct 2009: 1273 Jan 2010: 10379 Apr 2010: 1050 Jul 2010: 1455 Total: 14157 Tons: 248 Oct 2010: 1972 Jan 2011: 8490 Apr 2011: 868 Jul 2011: 1296 Total: 12626 Tons: 221 NOTE: Oct 2006 through Jan 2008 have already been destroyed. ATTACHMENT 2 VOLUME OF DISPOSAL AT NRI FY2007 – FY2011 SEATTLE, WA NOTE: Volumes are by cubic feet unless otherwise noted. For the purposes of this contract, one cubic foot equals 35 lbs. Oct 2006: 1480 Jan 2007: 1992 Apr 2007: 711 Jul 2007: 2967 Total: 7150 Tons: 125 Oct 2007: 1350 Jan 2008: 1869 Apr 2008: 6910 Jul 2008: 4570 Total: 14699 Tons: 257 Oct 2008: 1723 Jan 2009: 2436 Apr 2009: 639 Jul 2009: 1136 Total: 5934 Tons: 104 Oct 2009: 3191 Jan 2010: 2856 Apr 2010: 540 Jul 2010: 1170 Total: 7757 Tons: 136 Oct 2010: 1817 Jan 2011: 9713 Apr 2011: 871 Jul 2011: 591 Total: 12292 Tons: 227 ATTACHMENT 3 QUALITY ASSURANCE SURVEILLANCE PLAN 3.1INTRODUCTION: This Quality Assurance Surveillance Plan (QASP) has been developed to provide the Quality Assurance Evaluator / Contracting Officer’s Representative (COR) an effective and systematic surveillance method for each listed service on the Performance Requirements Summary (PRS) in this contract. The QASP describes a systematic method to evaluate the services the Contractor is required to furnish. Any non-conformance with contract requirements is a “defect.” A defect may be recorded for each item evaluated that failed to meet the standards as required by the subject PWS paragraph(s). Examples of defects that will be recorded include, but are not limited to: a. Failure to perform a required task; b. Failure to take corrective action to prevent reoccurrence of less than satisfactory performance; or c. Performance of less than satisfactory work (quality work consists of completing the work in accordance with the appropriate PWS specifications, NARA requirements, manufacturer’s recommendations, or best industry practices). Quality Assurance is based on the premise that the Contractor, and not the Government, is responsible for management and quality control actions to meet the terms of the contract. The Government will follow the guidance in FAR 52.246-4, Inspection of Services –Fixed Price when performance is other than satisfactory. Good management and use of an adequate quality control (QC) plan will allow the Contractor to operate within specified performance requirements. The COR shall be objective, fair, and consistent in evaluating Contractor performance against contract requirements and standards. The main emphasis is on quality performance. 3.2ACTUAL SURVEILLANCE: Actual surveillance will be performed on a periodic basis or 100% as specified in the PRS in conjunction with the Performance Work Statement. If satisfactory performance is not achieved, the COR will determine the possible cause of the less than satisfactory performance. The COR will initiate a Contract Discrepancy Report (CDR) for all defects that could not be re-performed and for all defects not corrected by the Contractor in a timely or satisfactory manner when requested by the Government. The COR will submit the CDR documentation recording the less than satisfactory performance and stating a recommended action to the CO including any proposed contract deductions. 3.3SURVEILLANCE METHODS: Services shall have the results of the surveillance documented. The surveillance methods the Government will use to evaluate the Contractor’s performance for the listed tasks are 100% surveillance or periodic surveillance. Customer complaints will not solely be used to judge actual performance but will be used in conjunction with the above surveillance methods as an indicator of performance or as areas to emphasize further or future surveillance. 3.4INFORM CONTRACT SITE-SUPERVISOR: a. Regardless of the surveillance method, the Contractor should be kept informed of performance status. The COR will notify the Site-Supervisor of any defect(s) to be corrected. The time to re-perform and correct defects after notification will vary depending on the type of defect, the item being inspected, the level of the item (i.e., routine, urgent, or emergency), etc. The COR will inspect re-performed or corrected discrepancies. If corrected properly and timely, the defect(s) will not result in a payment deduction. However, the COR will maintain all documentation for file maintenance. Performance issues should also be an item of discussion during the weekly Contract Site-Supervisor / COR program status meetings. b. CDR’s should be used to officially notify the Contractor of a performance problem. CDR use includes notifying the Contractor of: (i) Non-performance or less than satisfactory performances when the Government elects not to have the Contractor re-perform the service; (ii) Failure of the Contractor to re-perform non-performed or less than satisfactory performed services; (iii) Non-performed or less than satisfactory services that cannot be re-performed due to the nature or the timing of the required services; and (iv) Continuous, less than satisfactory service whether the service is re-performed or not. c. Critical performance problems should be immediately communicated with a follow-up written CDR. The COR will complete the CDR and forward it to the COR for review and approval. The COR will sign and forward the CDR to the Contractor PM for the Contractor’s response and comments. The Contractor will have 7 calendar days (or such lesser time that the COR stipulates) to complete a response. After evaluating the Contractor’s response, the COR will forward the Contracting Officer any CDR requiring further action (contract interpretation, problem resolution, reduced payments, deficiency letter notification, cure notice, etc.). The COR will provide the Contracting Officer recommended actions with supporting rationale. 3.5REVISIONS TO QASP: Revisions to this surveillance plan are the responsibility of NARA, the COR, and the Contracting Officer. ATTACHMENT 4 PERFORMANCE REQUIREMENTS SUMMARY 4.1PERFORMANCE REQUIREMENTS SUMMARY (PRS). The PRS captures key requirements of the Performance Work Statement (PWS) at an outcome level (performance standard) and states the performance level and method of surveillance for the requirement. The absence of any contract requirement from the PRS does limit the rights or remedies of the Government under any other provisions of the contract. 4.2Method of Surveillance. The PRS provides the surveillance method(s) the Government will use to evaluate the Contractor’s performance for the listed tasks. The primary surveillance methods used will be 100% surveillance, periodic surveillance, or customer complaints. 4.3Government Quality Assurance. The Quality Assurance Surveillance Plan, Attachment 3, describes how the Government will inspect, in conjunction with this PRS, and how the COR, other performance evaluators, the Contractor, and the Contracting Officer will communicate to ensure satisfactory performance of contract requirements. PERFORMANCE REQUIREMENTS SUMMARY REQUIREMENT SUMMARY ITEM (RS)PERFORMANCE STANDARDPERFORMANCE LEVELMETHOD OF SURVEILLANCE (RS-1) Point of Contact ---PWS 4.1The Contractor will provide a Point of Contact (POC) for this effort. The Contractor’s POC must be available as needed to ensure the requirements of the contract are completed satisfactorily. The COR is kept informed on the status of complete contract performance. Monthly reports are timely, accurate, complete, and provide the required information. SatisfactoryMonthly (RS-2) Personnel---PWS 4.2The Contractor will ensure that its employees receive the appropriate identification and access only to authorized areas. SatisfactoryPeriodic Surveillance (RS-3) Non-Disclosure ---PWS 2.0, 3.3, 3.4, 4.3, 4.4All Contractor staff will take appropriate measures to prevent the disclosure of protected information. All employees will receive disclosure and confidential information training and supervisory staff will monitor staff for compliance. SatisfactoryPeriodic Surveillance (RS-4) Transportation---PWS 3.1-3.4 The Contractor will provide transportation for the records at each center to the recycling facility. All vehicles will be provided in a timely manner at the request of the centers and meet the requirements for the secure transport of the materials. Drivers of the vehicles will be responsible for the safe transport and non-disclosure of information. NARA records will be the only materials on the trailers. Satisfactory100% per visit (RS-5) Security of Stored Records---- PWS 3.3The Contractor will provide secure storage for records that have not been shredded; access to the storage area will be controlled and monitored by surveillance equipment. SatisfactoryPeriodic Surveillance (RS-6) Destruction of the Records—PWS 3.3The Contractor will provide for the destruction of the records by shredding to 5/16” specifications. The destruction of Federal Records containing Federal Tax Information will be in compliance with IRS Physical Security Standards Handbook 1.16.8. A certificate of destruction will be issued after the completion of the shredding. SatisfactoryPeriodic Surveillance (RS-7) SafetyThere are no accidents that result in injury, loss of work, or damage to property. All OSHA, EPA, and State safety requirements are met. SatisfactoryPeriodic Surveillance (RS-8) Quality control---PWS 6.0The QC plan has been submitted and approved by the COR. Personnel must conduct the QC program in accordance with the COR approved Contractor QC plan. QC inspections are completed as scheduled and are comprehensive enough to ensure contract requirements are met. The QC program causes corrective action is to be taken to prevent recurrence of unacceptable performance and recognized valid customer complaints regarding lack of quality service performance. SatisfactoryPeriodic Surveillance ATTACHMENT 5 WAGE DETERMINATION WD 05-2059 (Rev.-7) was first posted on www.wdol.gov on 06/03/2008 ****************************************************************************** ****************************************************************************** REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2005-2059 Shirley F. Ebbesen Division of | Revision No.: 7 Director Wage Determinations| Date Of Revision: 05/29/2008 _______________________________________|_______________________________________ State: California Area: California Counties of Marin, San Francisco, San Mateo OCCUPATION NOTE: Janitor: The rate for the Janitor occupation applies to Marin and San Mateo Counties Only. See Wage Determination 1974-1257 for wage rates and fringe benefits for San Francisco County. _______________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE MINIMUM WAGE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 16.51 01012 - Accounting Clerk II 18.53 01013 - Accounting Clerk III 20.73 01020 - Administrative Assistant 30.87 01040 - Court Reporter 23.08 01051 - Data Entry Operator I 15.38 01052 - Data Entry Operator II 16.78 01060 - Dispatcher, Motor Vehicle 27.69 01070 - Document Preparation Clerk 15.51 01090 - Duplicating Machine Operator 15.51 01111 - General Clerk I 15.87 01112 - General Clerk II 17.31 01113 - General Clerk III 19.60 01120 - Housing Referral Assistant 27.33 01141 - Messenger Courier 14.20 01191 - Order Clerk I 15.60 01192 - Order Clerk II 17.02 01261 - Personnel Assistant (Employment) I 18.18 01262 - Personnel Assistant (Employment) II 20.40 01263 - Personnel Assistant (Employment) III 22.74 01270 - Production Control Clerk 26.31 01280 - Receptionist 17.21 01290 - Rental Clerk 19.43 01300 - Scheduler, Maintenance 21.86 01311 - Secretary I 21.86 01312 - Secretary II 24.46 01313 - Secretary III 27.33 01320 - Service Order Dispatcher 27.23 01410 - Supply Technician 30.87 01420 - Survey Worker 19.75 01531 - Travel Clerk I 15.41 01532 - Travel Clerk II 17.34 01533 - Travel Clerk III 19.53 01611 - Word Processor I 19.77 01612 - Word Processor II 22.19 01613 - Word Processor III 24.83 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 23.88 05010 - Automotive Electrician 24.75 05040 - Automotive Glass Installer 21.60 05070 - Automotive Worker 24.75 05110 - Mobile Equipment Servicer 21.54 05130 - Motor Equipment Metal Mechanic 25.85 05160 - Motor Equipment Metal Worker 23.66 05190 - Motor Vehicle Mechanic 25.64 05220 - Motor Vehicle Mechanic Helper 20.21 05250 - Motor Vehicle Upholstery Worker 22.61 05280 - Motor Vehicle Wrecker 23.66 05310 - Painter, Automotive 24.75 05340 - Radiator Repair Specialist 23.66 05370 - Tire Repairer 17.44 05400 - Transmission Repair Specialist 25.85 07000 - Food Preparation And Service Occupations 07010 - Baker 18.24 07041 - Cook I 13.60 07042 - Cook II 18.24 07070 - Dishwasher 12.45 07130 - Food Service Worker 12.45 07210 - Meat Cutter 18.24 07260 - Waiter/Waitress 13.50 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 21.82 09040 - Furniture Handler 15.17 09080 - Furniture Refinisher 21.82 09090 - Furniture Refinisher Helper 17.82 09110 - Furniture Repairer, Minor 19.37 09130 - Upholsterer 21.82 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 12.45 11060 - Elevator Operator 12.62 11090 - Gardener 23.78 11122 - Housekeeping Aide 14.40 11150 - Janitor 14.89 11210 - Laborer, Grounds Maintenance 18.29 11240 - Maid or Houseman 12.80 11260 - Pruner 17.19 11270 - Tractor Operator 21.58 11330 - Trail Maintenance Worker 18.29 11360 - Window Cleaner 16.07 12000 - Health Occupations 12010 - Ambulance Driver 20.70 12011 - Breath Alcohol Technician 20.70 12012 - Certified Occupational Therapist Assistant 23.44 12015 - Certified Physical Therapist Assistant 27.48 12020 - Dental Assistant 19.12 12025 - Dental Hygienist 41.67 12030 - EKG Technician 27.59 12035 - Electroneurodiagnostic Technologist 27.59 12040 - Emergency Medical Technician 20.70 12071 - Licensed Practical Nurse I 19.13 12072 - Licensed Practical Nurse II 21.45 12073 - Licensed Practical Nurse III 24.00 12100 - Medical Assistant 18.25 12130 - Medical Laboratory Technician 19.90 12160 - Medical Record Clerk 18.55 12190 - Medical Record Technician 20.70 12195 - Medical Transcriptionist 20.00 12210 - Nuclear Medicine Technologist 40.96 12221 - Nursing Assistant I 12.93 12222 - Nursing Assistant II 14.53 12223 - Nursing Assistant III 15.85 12224 - Nursing Assistant IV 17.79 12235 - Optical Dispenser 18.40 12236 - Optical Technician 15.63 12250 - Pharmacy Technician 21.69 12280 - Phlebotomist 17.79 12305 - Radiologic Technologist 34.09 12311 - Registered Nurse I 39.74 12312 - Registered Nurse II 48.61 12313 - Registered Nurse II, Specialist 48.61 12314 - Registered Nurse III 58.53 12315 - Registered Nurse III, Anesthetist 58.53 12316 - Registered Nurse IV 70.09 12317 - Scheduler (Drug and Alcohol Testing) 31.03 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 23.32 13012 - Exhibits Specialist II 28.89 13013 - Exhibits Specialist III 35.33 13041 - Illustrator I 22.70 13042 - Illustrator II 28.12 13043 - Illustrator III 34.39 13047 - Librarian 35.64 13050 - Library Aide/Clerk 20.80 13054 - Library Information Technology Systems Administrator 28.12 13058 - Library Technician 24.15 13061 - Media Specialist I 19.73 13062 - Media Specialist II 22.08 13063 - Media Specialist III 24.63 13071 - Photographer I 20.39 13072 - Photographer II 22.81 13073 - Photographer III 28.23 13074 - Photographer IV 34.56 13075 - Photographer V 41.81 13110 - Video Teleconference Technician 20.70 14000 - Information Technology Occupations 14041 - Computer Operator I 19.57 14042 - Computer Operator II 21.89 14043 - Computer Operator III 24.40 14044 - Computer Operator IV 27.12 14045 - Computer Operator V 27.62 14071 - Computer Programmer I (1) 24.08 14072 - Computer Programmer II (1) 14073 - Computer Programmer III (1) 14074 - Computer Programmer IV (1) 14101 - Computer Systems Analyst I (1) 14102 - Computer Systems Analyst II (1) 14103 - Computer Systems Analyst III (1) 14150 - Peripheral Equipment Operator 19.57 14160 - Personal Computer Support Technician 27.12 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 36.97 15020 - Aircrew Training Devices Instructor (Rated) 44.74 15030 - Air Crew Training Devices Instructor (Pilot) 50.09 15050 - Computer Based Training Specialist / Instructor 36.97 15060 - Educational Technologist 27.72 15070 - Flight Instructor (Pilot) 50.09 15080 - Graphic Artist 28.27 15090 - Technical Instructor 23.75 15095 - Technical Instructor/Course Developer 31.25 15110 - Test Proctor 21.64 15120 - Tutor 21.64 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 10.71 16030 - Counter Attendant 10.71 16040 - Dry Cleaner 14.57 16070 - Finisher, Flatwork, Machine 10.71 16090 - Presser, Hand 10.71 16110 - Presser, Machine, Drycleaning 10.71 16130 - Presser, Machine, Shirts 10.71 16160 - Presser, Machine, Wearing Apparel, Laundry 10.71 16190 - Sewing Machine Operator 15.86 16220 - Tailor 17.13 16250 - Washer, Machine 12.01 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 22.25 19040 - Tool And Die Maker 26.20 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 17.78 21030 - Material Coordinator 25.66 21040 - Material Expediter 25.66 21050 - Material Handling Laborer 16.69 21071 - Order Filler 15.31 21080 - Production Line Worker (Food Processing) 17.78 21110 - Shipping Packer 17.79 21130 - Shipping/Receiving Clerk 17.79 21140 - Store Worker I 13.65 21150 - Stock Clerk 18.78 21210 - Tools And Parts Attendant 17.78 21410 - Warehouse Specialist 17.78 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 28.00 23021 - Aircraft Mechanic I 26.64 23022 - Aircraft Mechanic II 28.00 23023 - Aircraft Mechanic III 29.18 23040 - Aircraft Mechanic Helper 19.46 23050 - Aircraft, Painter 23.66 23060 - Aircraft Servicer 22.52 23080 - Aircraft Worker 23.90 23110 - Appliance Mechanic 22.85 23120 - Bicycle Repairer 18.57 23125 - Cable Splicer 26.64 23130 - Carpenter, Maintenance 26.08 23140 - Carpet Layer 25.09 23160 - Electrician, Maintenance 33.84 23181 - Electronics Technician Maintenance I 26.25 23182 - Electronics Technician Maintenance II 27.74 23183 - Electronics Technician Maintenance III 29.25 23260 - Fabric Worker 22.25 23290 - Fire Alarm System Mechanic 26.76 23310 - Fire Extinguisher Repairer 21.06 23311 - Fuel Distribution System Mechanic 30.15 23312 - Fuel Distribution System Operator 23.74 23370 - General Maintenance Worker 21.74 23380 - Ground Support Equipment Mechanic 26.64 23381 - Ground Support Equipment Servicer 22.52 23382 - Ground Support Equipment Worker 23.90 23391 - Gunsmith I 20.92 23392 - Gunsmith II 23.77 23393 - Gunsmith III 26.50 23410 - Heating, Ventilation And Air-Conditioning Mechanic 24.18 23411 - Heating, Ventilation And Air Contditioning Mechanic (Research Facility) 25.41 23430 - Heavy Equipment Mechanic 27.79 23440 - Heavy Equipment Operator 30.35 23460 - Instrument Mechanic 29.30 23465 - Laboratory/Shelter Mechanic 25.14 23470 - Laborer 16.00 23510 - Locksmith 21.82 23530 - Machinery Maintenance Mechanic 25.71 23550 - Machinist, Maintenance 27.28 23580 - Maintenance Trades Helper 16.99 23591 - Metrology Technician I 29.30 23592 - Metrology Technician II 30.79 23593 - Metrology Technician III 32.10 23640 - Millwright 29.44 23710 - Office Appliance Repairer 23.08 23760 - Painter, Maintenance 22.95 23790 - Pipefitter, Maintenance 30.92 23810 - Plumber, Maintenance 30.58 23820 - Pneudraulic Systems Mechanic 26.64 23850 - Rigger 23.00 23870 - Scale Mechanic 23.90 23890 - Sheet-Metal Worker, Maintenance 27.86 23910 - Small Engine Mechanic 21.21 23931 - Telecommunications Mechanic I 27.61 23932 - Telecommunications Mechanic II 29.02 23950 - Telephone Lineman 23.11 23960 - Welder, Combination, Maintenance 23.00 23965 - Well Driller 24.09 23970 - Woodcraft Worker 26.64 23980 - Woodworker 18.27 24000 - Personal Needs Occupations 24570 - Child Care Attendant 12.84 24580 - Child Care Center Clerk 16.95 24610 - Chore Aide 11.40 24620 - Family Readiness And Support Services Coordinator 16.68 24630 - Homemaker 15.29 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 36.51 25040 - Sewage Plant Operator 30.20 25070 - Stationary Engineer 36.51 25190 - Ventilation Equipment Tender 26.66 25210 - Water Treatment Plant Operator 30.20 27000 - Protective Service Occupations 27004 - Alarm Monitor 24.71 27007 - Baggage Inspector 13.29 27008 - Corrections Officer 31.73 27010 - Court Security Officer 35.30 27030 - Detection Dog Handler 23.47 27040 - Detention Officer 32.37 27070 - Firefighter 31.83 27101 - Guard I 13.29 27102 - Guard II 23.47 27131 - Police Officer I 38.76 27132 - Police Officer II 43.08 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 15.59 28042 - Carnival Equipment Repairer 16.60 28043 - Carnival Equpment Worker 12.45 28210 - Gate Attendant/Gate Tender 14.91 28310 - Lifeguard 12.37 28350 - Park Attendant (Aide) 16.68 28510 - Recreation Aide/Health Facility Attendant 12.85 28515 - Recreation Specialist 17.37 28630 - Sports Official 13.28 28690 - Swimming Pool Operator 22.07 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 25.23 29020 - Hatch Tender 25.23 29030 - Line Handler 25.23 29041 - Stevedore I 23.78 29042 - Stevedore II 26.66 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (2) 39.76 30011 - Air Traffic Control Specialist, Station (HFO) (2) 27.42 30012 - Air Traffic Control Specialist, Terminal (HFO) (2) 30.20 30021 - Archeological Technician I 21.50 30022 - Archeological Technician II 24.83 30023 - Archeological Technician III 32.40 30030 - Cartographic Technician 32.40 30040 - Civil Engineering Technician 27.49 30061 - Drafter/CAD Operator I 23.38 30062 - Drafter/CAD Operator II 26.16 30063 - Drafter/CAD Operator III 29.15 30064 - Drafter/CAD Operator IV 35.88 30081 - Engineering Technician I 17.78 30082 - Engineering Technician II 19.96 30083 - Engineering Technician III 22.33 30084 - Engineering Technician IV 27.66 30085 - Engineering Technician V 33.83 30086 - Engineering Technician VI 40.94 30090 - Environmental Technician 25.66 30210 - Laboratory Technician 23.27 30240 - Mathematical Technician 32.17 30361 - Paralegal/Legal Assistant I 22.78 30362 - Paralegal/Legal Assistant II 28.23 30363 - Paralegal/Legal Assistant III 34.53 30364 - Paralegal/Legal Assistant IV 41.78 30390 - Photo-Optics Technician 32.40 30461 - Technical Writer I 26.03 30462 - Technical Writer II 31.72 30463 - Technical Writer III 38.31 30491 - Unexploded Ordnance (UXO) Technician I 25.27 30492 - Unexploded Ordnance (UXO) Technician II 30.58 30493 - Unexploded Ordnance (UXO) Technician III 36.65 30494 - Unexploded (UXO) Safety Escort 25.27 30495 - Unexploded (UXO) Sweep Personnel 25.27 30620 - Weather Observer, Combined Upper Air Or Surface Programs (2) 26.91 30621 - Weather Observer, Senior (2) 27.18 31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 14.39 31030 - Bus Driver 20.01 31043 - Driver Courier 16.15 31260 - Parking and Lot Attendant 12.49 31290 - Shuttle Bus Driver 17.48 31310 - Taxi Driver 15.44 31361 - Truckdriver, Light 17.48 31362 - Truckdriver, Medium 19.94 31363 - Truckdriver, Heavy 22.39 31364 - Truckdriver, Tractor-Trailer 22.39 99000 - Miscellaneous Occupations 99030 - Cashier 13.32 99050 - Desk Clerk 13.67 99095 - Embalmer 23.54 99251 - Laboratory Animal Caretaker I 15.27 99252 - Laboratory Animal Caretaker II 16.53 99310 - Mortician 26.82 99410 - Pest Controller 18.30 99510 - Photofinishing Worker 14.81 99710 - Recycling Laborer 25.19 99711 - Recycling Specialist 28.66 99730 - Refuse Collector 22.65 99810 - Sales Clerk 14.70 99820 - School Crossing Guard 13.75 99830 - Survey Party Chief 40.48 99831 - Surveying Aide 23.39 99832 - Surveying Technician 27.62 99840 - Vending Machine Attendant 15.59 99841 - Vending Machine Repairer 18.24 99842 - Vending Machine Repairer Helper 15.59 ________________________________________________________________________________ ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $3.24 per hour or $129.60 per week or $561.60 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 12 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174) THE OCCUPATIONS WHICH HAVE PARENTHESES AFTER THEM RECEIVE THE FOLLOWING BENEFITS (as numbered): 1) Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400). 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/. REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation) and computes a proposed rate). 2) After contract award, the contractor prepares a written report listing in order proposed classification title), a Federal grade equivalency (FGE) for each proposed classification), job description), and rationale for proposed wage rate), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination. WD 05-2563 (Rev.-7) was first posted on www.wdol.gov on 06/03/2008 ****************************************************************************** ****************************************************************************** REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2005-2563 Shirley F. Ebbesen Division of | Revision No.: 7 Director Wage Determinations| Date Of Revision: 05/29/2008 _______________________________________|_______________________________________ State: Washington Area: Washington Counties of King, Snohomish, Whatcom _______________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE MINIMUM WAGE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 13.85 01012 - Accounting Clerk II 16.16 01013 - Accounting Clerk III 18.09 01020 - Administrative Assistant 22.46 01040 - Court Reporter 17.89 01051 - Data Entry Operator I 13.14 01052 - Data Entry Operator II 15.51 01060 - Dispatcher, Motor Vehicle 19.51 01070 - Document Preparation Clerk 13.28 01090 - Duplicating Machine Operator 13.19 01111 - General Clerk I 12.68 01112 - General Clerk II 14.80 01113 - General Clerk III 16.82 01120 - Housing Referral Assistant 18.42 01141 - Messenger Courier 11.90 01191 - Order Clerk I 15.29 01192 - Order Clerk II 16.10 01261 - Personnel Assistant (Employment) I 15.89 01262 - Personnel Assistant (Employment) II 17.78 01263 - Personnel Assistant (Employment) III 19.81 01270 - Production Control Clerk 20.00 01280 - Receptionist 14.46 01290 - Rental Clerk 15.60 01300 - Scheduler, Maintenance 16.02 01311 - Secretary I 15.98 01312 - Secretary II 17.66 01313 - Secretary III 19.69 01320 - Service Order Dispatcher 17.07 01410 - Supply Technician 22.46 01420 - Survey Worker 17.89 01531 - Travel Clerk I 13.18 01532 - Travel Clerk II 14.16 01533 - Travel Clerk III 15.15 01611 - Word Processor I 14.81 01612 - Word Processor II 17.23 01613 - Word Processor III 20.52 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 22.23 05010 - Automotive Electrician 21.01 05040 - Automotive Glass Installer 20.34 05070 - Automotive Worker 20.34 05110 - Mobile Equipment Servicer 18.98 05130 - Motor Equipment Metal Mechanic 21.73 05160 - Motor Equipment Metal Worker 20.34 05190 - Motor Vehicle Mechanic 21.69 05220 - Motor Vehicle Mechanic Helper 18.29 05250 - Motor Vehicle Upholstery Worker 19.67 05280 - Motor Vehicle Wrecker 20.34 05310 - Painter, Automotive 21.01 05340 - Radiator Repair Specialist 20.34 05370 - Tire Repairer 16.61 05400 - Transmission Repair Specialist 21.73 07000 - Food Preparation And Service Occupations 07010 - Baker 13.92 07041 - Cook I 12.23 07042 - Cook II 13.36 07070 - Dishwasher 9.59 07130 - Food Service Worker 10.17 07210 - Meat Cutter 18.25 07260 - Waiter/Waitress 11.91 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 21.06 09040 - Furniture Handler 16.94 09080 - Furniture Refinisher 21.06 09090 - Furniture Refinisher Helper 18.25 09110 - Furniture Repairer, Minor 19.54 09130 - Upholsterer 21.06 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 11.55 11060 - Elevator Operator 11.55 11090 - Gardener 15.81 11122 - Housekeeping Aide 10.92 11150 - Janitor 13.50 11210 - Laborer, Grounds Maintenance 13.70 11240 - Maid or Houseman 9.57 11260 - Pruner 11.97 11270 - Tractor Operator 14.85 11330 - Trail Maintenance Worker 13.70 11360 - Window Cleaner 14.48 12000 - Health Occupations 12010 - Ambulance Driver 19.07 12011 - Breath Alcohol Technician 19.14 12012 - Certified Occupational Therapist Assistant 18.96 12015 - Certified Physical Therapist Assistant 19.00 12020 - Dental Assistant 17.34 12025 - Dental Hygienist 39.12 12030 - EKG Technician 28.89 12035 - Electroneurodiagnostic Technologist 28.89 12040 - Emergency Medical Technician 19.92 12071 - Licensed Practical Nurse I 17.10 12072 - Licensed Practical Nurse II 19.14 12073 - Licensed Practical Nurse III 20.63 12100 - Medical Assistant 14.74 12130 - Medical Laboratory Technician 19.03 12160 - Medical Record Clerk 16.10 12190 - Medical Record Technician 17.63 12195 - Medical Transcriptionist 17.12 12210 - Nuclear Medicine Technologist 33.58 12221 - Nursing Assistant I 10.66 12222 - Nursing Assistant II 11.99 12223 - Nursing Assistant III 13.08 12224 - Nursing Assistant IV 14.68 12235 - Optical Dispenser 18.33 12236 - Optical Technician 16.20 12250 - Pharmacy Technician 15.97 12280 - Phlebotomist 14.68 12305 - Radiologic Technologist 29.57 12311 - Registered Nurse I 26.00 12312 - Registered Nurse II 31.72 12313 - Registered Nurse II, Specialist 31.72 12314 - Registered Nurse III 38.76 12315 - Registered Nurse III, Anesthetist 38.76 12316 - Registered Nurse IV 42.26 12317 - Scheduler (Drug and Alcohol Testing) 23.70 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 21.79 13012 - Exhibits Specialist II 24.84 13013 - Exhibits Specialist III 30.56 13041 - Illustrator I 21.79 13042 - Illustrator II 24.84 13043 - Illustrator III 30.56 13047 - Librarian 27.90 13050 - Library Aide/Clerk 12.96 13054 - Library Information Technology Systems Administrator 19.58 13058 - Library Technician 16.65 13061 - Media Specialist I 16.08 13062 - Media Specialist II 18.01 13063 - Media Specialist III 20.06 13071 - Photographer I 17.61 13072 - Photographer II 22.56 13073 - Photographer III 24.83 13074 - Photographer IV 30.56 13075 - Photographer V 37.55 13110 - Video Teleconference Technician 18.50 14000 - Information Technology Occupations 14041 - Computer Operator I 16.49 14042 - Computer Operator II 17.89 14043 - Computer Operator III 20.26 14044 - Computer Operator IV 23.03 14045 - Computer Operator V 25.56 14071 - Computer Programmer I (1) 20.41 14072 - Computer Programmer II (1) 24.54 14073 - Computer Programmer III (1) 27.62 14074 - Computer Programmer IV (1) 27.62 14101 - Computer Systems Analyst I (1) 27.62 14102 - Computer Systems Analyst II (1) 27.62 14103 - Computer Systems Analyst III (1) 27.62 14150 - Peripheral Equipment Operator 16.59 14160 - Personal Computer Support Technician 23.03 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 38.94 15020 - Aircrew Training Devices Instructor (Rated) 35.77 15030 - Air Crew Training Devices Instructor (Pilot) 42.37 15050 - Computer Based Training Specialist / Instructor 30.39 15060 - Educational Technologist 24.67 15070 - Flight Instructor (Pilot) 42.87 15080 - Graphic Artist 23.86 15090 - Technical Instructor 22.46 15095 - Technical Instructor/Course Developer 27.46 15110 - Test Proctor 18.12 15120 - Tutor 18.12 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 9.68 16030 - Counter Attendant 9.68 16040 - Dry Cleaner 12.22 16070 - Finisher, Flatwork, Machine 9.68 16090 - Presser, Hand 7.28 16110 - Presser, Machine, Drycleaning 9.68 16130 - Presser, Machine, Shirts 9.68 16160 - Presser, Machine, Wearing Apparel, Laundry 9.68 16190 - Sewing Machine Operator 13.07 16220 - Tailor 13.92 16250 - Washer, Machine 10.52 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 24.11 19040 - Tool And Die Maker 27.06 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 18.06 21030 - Material Coordinator 20.13 21040 - Material Expediter 20.13 21050 - Material Handling Laborer 15.41 21071 - Order Filler 13.41 21080 - Production Line Worker (Food Processing) 18.06 21110 - Shipping Packer 17.34 21130 - Shipping/Receiving Clerk 17.34 21140 - Store Worker I 14.28 21150 - Stock Clerk 18.02 21210 - Tools And Parts Attendant 18.57 21410 - Warehouse Specialist 18.06 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 27.51 23021 - Aircraft Mechanic I 26.20 23022 - Aircraft Mechanic II 27.51 23023 - Aircraft Mechanic III 28.89 23040 - Aircraft Mechanic Helper 20.83 23050 - Aircraft, Painter 25.31 23060 - Aircraft Servicer 22.96 23080 - Aircraft Worker 24.26 23110 - Appliance Mechanic 21.06 23120 - Bicycle Repairer 18.25 23125 - Cable Splicer 28.73 23130 - Carpenter, Maintenance 26.33 23140 - Carpet Layer 24.29 23160 - Electrician, Maintenance 31.22 23181 - Electronics Technician Maintenance I 23.26 23182 - Electronics Technician Maintenance II 24.26 23183 - Electronics Technician Maintenance III 27.85 23260 - Fabric Worker 19.84 23290 - Fire Alarm System Mechanic 21.71 23310 - Fire Extinguisher Repairer 21.03 23311 - Fuel Distribution System Mechanic 25.64 23312 - Fuel Distribution System Operator 21.80 23370 - General Maintenance Worker 18.48 23380 - Ground Support Equipment Mechanic 26.20 23381 - Ground Support Equipment Servicer 22.96 23382 - Ground Support Equipment Worker 24.26 23391 - Gunsmith I 21.31 23392 - Gunsmith II 23.87 23393 - Gunsmith III 25.78 23410 - Heating, Ventilation And Air-Conditioning Mechanic 24.63 23411 - Heating, Ventilation And Air Contditioning Mechanic (Research Facility) 26.59 23430 - Heavy Equipment Mechanic 24.67 23440 - Heavy Equipment Operator 25.99 23460 - Instrument Mechanic 26.86 23465 - Laboratory/Shelter Mechanic 24.90 23470 - Laborer 12.95 23510 - Locksmith 20.96 23530 - Machinery Maintenance Mechanic 23.93 23550 - Machinist, Maintenance 21.41 23580 - Maintenance Trades Helper 18.47 23591 - Metrology Technician I 26.86 23592 - Metrology Technician II 27.70 23593 - Metrology Technician III 28.46 23640 - Millwright 24.46 23710 - Office Appliance Repairer 22.20 23760 - Painter, Maintenance 21.06 23790 - Pipefitter, Maintenance 28.94 23810 - Plumber, Maintenance 26.93 23820 - Pneudraulic Systems Mechanic 25.78 23850 - Rigger 21.71 23870 - Scale Mechanic 23.87 23890 - Sheet-Metal Worker, Maintenance 23.77 23910 - Small Engine Mechanic 20.41 23931 - Telecommunications Mechanic I 24.25 23932 - Telecommunications Mechanic II 24.94 23950 - Telephone Lineman 22.58 23960 - Welder, Combination, Maintenance 21.71 23965 - Well Driller 26.68 23970 - Woodcraft Worker 25.78 23980 - Woodworker 18.89 24000 - Personal Needs Occupations 24570 - Child Care Attendant 11.17 24580 - Child Care Center Clerk 13.93 24610 - Chore Aide 9.96 24620 - Family Readiness And Support Services Coordinator 11.81 24630 - Homemaker 19.55 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 24.54 25040 - Sewage Plant Operator 25.38 25070 - Stationary Engineer 24.54 25190 - Ventilation Equipment Tender 19.75 25210 - Water Treatment Plant Operator 25.38 27000 - Protective Service Occupations 27004 - Alarm Monitor 21.97 27007 - Baggage Inspector 12.86 27008 - Corrections Officer 22.62 27010 - Court Security Officer 25.61 27030 - Detection Dog Handler 12.86 27040 - Detention Officer 23.51 27070 - Firefighter 27.76 27101 - Guard I 12.86 27102 - Guard II 21.97 27131 - Police Officer I 28.17 27132 - Police Officer II 31.29 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 11.62 28042 - Carnival Equipment Repairer 12.07 28043 - Carnival Equpment Worker 10.26 28210 - Gate Attendant/Gate Tender 14.44 28310 - Lifeguard 11.34 28350 - Park Attendant (Aide) 14.56 28510 - Recreation Aide/Health Facility Attendant 10.89 28515 - Recreation Specialist 16.46 28630 - Sports Official 11.59 28690 - Swimming Pool Operator 22.29 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 25.21 29020 - Hatch Tender 25.21 29030 - Line Handler 25.00 29041 - Stevedore I 24.43 29042 - Stevedore II 26.30 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (2) 34.71 30011 - Air Traffic Control Specialist, Station (HFO) 23.93 30012 - Air Traffic Control Specialist, Terminal (HFO) 27.01 30021 - Archeological Technician I 19.51 30022 - Archeological Technician II 21.83 30023 - Archeological Technician III 27.03 30030 - Cartographic Technician 26.84 30040 - Civil Engineering Technician 25.47 30061 - Drafter/CAD Operator I 20.20 30062 - Drafter/CAD Operator II 22.62 30063 - Drafter/CAD Operator III 24.34 30064 - Drafter/CAD Operator IV 29.52 30081 - Engineering Technician I 16.63 30082 - Engineering Technician II 18.67 30083 - Engineering Technician III 20.89 30084 - Engineering Technician IV 25.87 30085 - Engineering Technician V 31.65 30086 - Engineering Technician VI 38.30 30090 - Environmental Technician 21.72 30210 - Laboratory Technician 24.01 30240 - Mathematical Technician 24.40 30361 - Paralegal/Legal Assistant I 20.17 30362 - Paralegal/Legal Assistant II 24.90 30363 - Paralegal/Legal Assistant III 27.47 30364 - Paralegal/Legal Assistant IV 36.80 30390 - Photo-Optics Technician 27.04 30461 - Technical Writer I 23.71 30462 - Technical Writer II 28.99 30463 - Technical Writer III 34.74 30491 - Unexploded Ordnance (UXO) Technician I 22.06 30492 - Unexploded Ordnance (UXO) Technician II 26.69 30493 - Unexploded Ordnance (UXO) Technician III 31.99 30494 - Unexploded (UXO) Safety Escort 22.06 30495 - Unexploded (UXO) Sweep Personnel 22.06 30620 - Weather Observer, Combined Upper Air Or Surface Programs (2) 18.32 30621 - Weather Observer, Senior (2) 20.86 31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 13.80 31030 - Bus Driver 17.89 31043 - Driver Courier 15.03 31260 - Parking and Lot Attendant 10.20 31290 - Shuttle Bus Driver 15.64 31310 - Taxi Driver 12.21 31361 - Truckdriver, Light 15.64 31362 - Truckdriver, Medium 18.16 31363 - Truckdriver, Heavy 18.49 31364 - Truckdriver, Tractor-Trailer 18.49 99000 - Miscellaneous Occupations 99030 - Cashier 12.32 99050 - Desk Clerk 10.81 99095 - Embalmer 25.80 99251 - Laboratory Animal Caretaker I 11.99 99252 - Laboratory Animal Caretaker II 12.77 99310 - Mortician 25.80 99410 - Pest Controller 16.62 99510 - Photofinishing Worker 12.87 99710 - Recycling Laborer 18.04 99711 - Recycling Specialist 18.78 99730 - Refuse Collector 16.70 99810 - Sales Clerk 12.56 99820 - School Crossing Guard 14.88 99830 - Survey Party Chief 25.66 99831 - Surveying Aide 13.44 99832 - Surveying Technician 20.17 99840 - Vending Machine Attendant 17.56 99841 - Vending Machine Repairer 17.65 99842 - Vending Machine Repairer Helper 17.56 ________________________________________________________________________________ ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $3.24 per hour or $129.60 per week or $561.60 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174) THE OCCUPATIONS WHICH HAVE PARENTHESES AFTER THEM RECEIVE THE FOLLOWING BENEFITS (as numbered): 1) Does not apply to employees employed in a bona fide executive, administrative, or professional capacity as defined and delineated in 29 CFR 541. (See CFR 4.156) 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site at http://wdol.gov/. REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation) and computes a proposed rate). 2) After contract award, the contractor prepares a written report listing in order proposed classification title), a Federal grade equivalency (FGE) for each proposed classification), job description), and rationale for proposed wage rate), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination. ATTACHMENT 6 CONTRACTOR’S QUALIFICATIONS AND FINANCIAL INFORMATION (GSA FORM 527) ATTACHMENT 7 DISCLOSURE OF LOBBYING ACTIVITIES (SF FORM LLL) ATTACHMENT 8 PAST PERFORMANCE QUESTIONNAIRE Note: To be completed by your references and returned by your references to the Contract Specialist by September 26, 2008. Failure to do so may result in rejection of your quotation. Your organization has been identified for participation in the past performance evaluation on a current solicitation at the National Archives and Records Administration (NARA), San Bruno Records Center for the Pacific Region and Seattle Records Center for the Pacific Alaska Region. This questionnaire will be used to evaluate the past performance for the contractor and contracting action identified below. NOTE: If you have provided the contractor adjudicated past performance ratings and narratives or if you have rated the contractor under an award fee program, a copy of these ratings and narratives will suffice and NARA will only follow-up if clarifications are necessary. Your candid response to the questions is important to our evaluation effort and may affect the award outcome. Please indicate “N/O” in any area that was either not observed or not applicable on your contracting action. The names of individuals supplying past performance information will remain confidential. If you have any concerns pertaining to this questionnaire or any of the requested information, please contact Jon McIver, Contracting Officer, at Jon.McIver@NARA.gov or phone at (301) 837-0286. The following information is being requested: Contract number:_________________ Contractor’s name, operating unit and address:__________________________________ ___________________________________________________________________________ Type of contract:_________________ Program Name:_________________ Contract Initiation date:_________________ Contract completion date (including extensions):_________________ Years Remaining:_________________ Describe any schedule changes and reasons for schedule changes (if any):_______________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Award Amount:________________ Current Contract $ Value (including exercised options and extensions):_______________ Projected Final Contract $ Value (including exercised options and extensions):_____________ Reason why Award Amount and Current or Projected Final Contract $ Value differ (if they differ):______________________________________________________________________ ___________________________________________________________________________ Description of the work performed (include the size, scope, and complexity of the project):____ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Evaluators name, position, organization, and role on the contract:_______________________ ___________________________________________________________________________ ___________________________________________________________________________ Evaluator’s phone # and email address:____________________________________________ Number of month’s contractor performance was monitored by evaluator:_________ 1. Please rate each item listed below (circling is preferable; Use 1 through 5 with 5 being outstanding and 1 being unsatisfactory; N/O (Not Observed)) and Provide Comments to identify Specific Strengths/Weaknesses in each area A1. Quality of Products or Services: Assess the contractor’s conformance to contract requirements, specifications, and standards of good workmanship (e.g., technical, professional, environmental, or safety and health standards). Issue Anticipation/Prevention54321N/O Process Improvement54321N/O Lesson Learned Incorporation54321N/O Thoroughness54321N/O Overall Quality54321N/O A2. Proficiency in: Secure Document Destruction Services54321N/O Transportation Services54321N/O A3. Management of Key Personnel: Assess the contractor’s performance in selecting, retaining, supporting, and replacing, when necessary, key personnel. Retention54321N/O Replacement Speed and Quality54321N/O Comments (List specific strengths and weaknesses): B. Timeliness of Performance - Assess the timeliness of the contractor against the completion of the contract, task orders, milestones, delivery schedules, administrative requirements (e.g., efforts that contribute to or affect the schedule variance). Extent to which work and deliverables were delivered on time54321N/O Comments (List specific strengths and weaknesses): C. Cost Control - Assess the contractor’s effectiveness in forecasting, managing, and controlling contract costs (*Do not rate this item for Firm Fixed Priced contracts). Performed Within Estimates54321N/O Cost Consciousness54321N/O Comments (List specific strengths and weaknesses): D. Business Relations - Assess the integration and coordination of relationships needed to execute the contract Business/Contracting Relations54321N/O Response to Change54321N/O Subcontract Management54321N/O Interaction with End Users54321N/O Extent of End User Satisfaction54321N/O Responsiveness54321N/O Comments (List specific strengths and weaknesses): E. Resolution of Problems - Assess the contractor’s performance in resolving problems that arose during performance of the contract. Problem Resolution54321N/O Comments (List specific strengths and weaknesses): 2. Overall Assessment: (please circle) 5 4 3 2 1 NOT OBSERVED Comments (List any major strengths and major weaknesses): 3. Has any adverse past performance information identified above been shared with the contractor? ( ) Yes: Written or Oral? / Date? ______ ( ) No: NARA may provide the Contractor with an opportunity to respond to any adverse past performance information. ( ) N/A SOLICITATION PROVISIONS 52.212-1INSTRUCTIONS TO OFFERORS – COMMERICAL ITEMS (TAILORED) JUN 2008(IAW FAR 12.301(b)(1)) As prescribed in 12.301(b)(1), insert the following provision: Instructions to Offerors -- Commercial Items (Jun 2008) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show -- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the 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) Terms of any express warranty; (6) Price and any discount terms; (7) “Remit to” address, if different than mailing address; (8) 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); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. 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 solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2) (i) 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 of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and— (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA Federal Supply Service Specifications Section Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925) Facsimile (202 619-8978). (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites-- (i) ASSIST ( http://assist.daps.dla.mil ). (ii) Quick Search (http://assist.daps.dla.mil/quicksearch/ ) (iii) ASSISTdocs.com ( http://assistdocs.com ). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by— (i) Using the ASSIST Shopping Wizard ( http://assist.daps.dla.mil/wizard ); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer. (2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of Provision) ADDITIONAL SOLICITATION PROVISIONS (ADDENDA to 52.212-1) 52.216-1TYPE OF CONTRACTAPR 1984 (IAW FAR 16.105) The Government contemplates award of a no-cost (revenue generating) contract resulting from this solicitation. 52.237-1SITE VISITAPR 1984 (IAW FAR 37.110(a)) 52.233-2SERVICE OF PROTESTSEP 2006 (IAW FAR 33.106(a)) Service of Protest (Sep 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: National Archives and Records Administration NAA - Acquisition Services Division 8601 Adelphi Road Room 3340 College Park, MD 20740-6001 301-837-3100 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) 52.252-1SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB 1998 (IAW FAR 52.107(a)) The full text of a solicitation provision may be accessed electronically at these addresses: http://www.arnet.gov/far http://farsite.hill.af.mil/vffara.htm 52.217-5EVALUATION OF OPTIONSJUL 1990 (IAW FAR 17.208©) EVALUATION OF PROPOSALS (a) Selection of the contractor to perform this contract will be based on NARA’s assessment of the best overall value to the Government. Selection of the best value contractor will be in accordance with FAR Part 13, Simplified Acquisition Procedures. Accordingly, there is no factor order of importance. The following factors shall be used to evaluate offers: 1) Technical Understanding, Approach, and Capabilities Evaluation will be based on the Offeror’s demonstrated technical understanding of and approach to requirements of the Performance Work Statement. This includes the contractor’s certification that its facilities meet security requirements and a draft QC plan. 2) Relevant Past Performance (Past performance information to include recent and relevant examples of previous experience similar to this requirement over the last 5 years and not exceeding a total of 5 examples. Please include references (points of contact with telephone numbers and other relevant information)). The Government reserves the right to obtain information for use in the evaluation of relevant past performance from any and all sources including sources outside of the Government and in addition to the submitted Past Performance Questionnaire. See Attachment 9, Past Performance Questionnaire. Evaluation will be based on the quality of the Offeror’s relevant past performance. The assessment will be used to evaluate the relative capability of the Offeror to successfully meet the requirements of the RFP. Relevant past performance of significant and/or critical subcontractors will be considered to the extent warranted by the subcontractor’s involvement in the proposed effort. 3) Price (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) REPRESENTATIONS AND CERTIFICATIONS 52.212-3OFFERORS REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS JUN 2008(IAW FAR 12.301(B)(2)). As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications -- Commercial Items (Jun 2008) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. (a) Definitions. As used in this provision-- “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. “Forced or indentured child labor” means all work or service— (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. “Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except— (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. “Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. “Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person conducting the business can demonstrate— (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. “Service-disabled veteran-owned small business concern”— (1) Means a small business concern— (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). “Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. “Veteran-owned small business concern” means a small business concern— (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. “Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. “Women-owned small business concern” means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (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 Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov.After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation 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 (m) 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 on ORCA.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it * is, * is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it * is, * is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it * is, * is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it * is, * is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it * is, * is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The offeror represents that it * is, a women-owned business concern. (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.] (i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its offer that it * is, * is not an emerging small business. (ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows: (A) Offeror’s number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). (Check one of the following): Number of EmployeesAverage Annual Gross Revenues 50 or fewer$1 million or less 51-100$1,000,001-$2 million 101-250$2,000,001-$3.5 million 251-500$3,500,001-$5 million 501-750$5,000,001-$10 million 751-1,000$10,000,001-$17 million Over 1,000Over $17 million (9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either— (A) It * is, * is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It *has, * has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It * is, * is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and (ii) It * is, * not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It * has, * has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It * has, * has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It * has developed and has on file, * has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It * has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies onlyif the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act – Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.” (2) Foreign End Products: LINE ITEM NO.COUNTRY OF ORIGIN [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian or Moroccan end product,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and ‘United States’ are defined in the clause of this solicitation entitled “Buy American Act--Free Trade Agreements--Israeli Trade Act.” (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products: LINE ITEM NO.COUNTRY OF ORIGIN [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products. Other Foreign End Products: LINE ITEM NO.COUNTRY OF ORIGIN [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”: Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.:Country of Origin: [List as necessary] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.” (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.:Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) * Are, * are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) * Have, * have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) * Are, * are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) * Have, *have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product:Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly— (1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [ ] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [ ] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ] does [ ] does not certify that— (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [ ] Certain services as described in FAR 22.1003-4(d)(1). The offeror [ ] does [ ] does not certify that— (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies— (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.] (3) Taxpayer Identification Number (TIN). * TIN:_____________________. * TIN has been applied for. * TIN is not required because: * Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; * Offeror is an agency or instrumentality of a foreign government; * Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. * Sole proprietorship; * Partnership; * Corporate entity (not tax-exempt); * Corporate entity (tax-exempt); * Government entity (Federal, State, or local); * Foreign government; * International organization per 26 CFR 1.6049-4; * Other ____________________. (5) Common parent. * Offeror is not owned or controlled by a common parent: * Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that it does not conduct any restricted business operations in Sudan. (End of Provision)
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99 -- National Archives at San Bruno and Seattle, Recylcing Services