DEPARTMENT  OF  THE  TREASURY
INTERNAL  REVENUE  SERVICE

Solicitation No. TIRSE-12-R-00003
FacilitY Operations and Maintenance SERVICE 

SITE VISIT/PRE-PROPOSAL CONFERENCE: March 14, 2012, 10:00 a.m.(Central)
 (Refer to Section L, Item L.8 for attendee registration instructions) 

PROPOSAL DUE DATE: April 05, 2012, 12:00 noon(Eastern)

NOTE:  OFFERS ARE NOT SOLICITED FROM FIRMS DEBARRED, SUSPENDED OR PROPOSED FOR DEBARMENT.  FIRMS WHICH ARE CLASSIFIED AS SUCH WILL CONSIDER THIS AN INFORMATION ONLY
OMB Control No. 1505-0081
SOLICITATION, OFFER AND AWARD	1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700)	RATING
		PAGE	OF PAGES
   1	     |    159 	
2.  CONTRACT NUMBER

	3.  SOLICITATION NUMBER

TIRSE-12-R-00003			

X

4.  TYPE OF SOLICITATION
	    SEALED BID (IFB) 

	    NEGOTIATED (RFP)	5.  DATE ISSUED

03/05/2012	6.  REQUISITION/PURCHASE NO.

D-2-D9-24-DE-L04 000	
	
7.  ISSUED BY	CODE	IRS0010	8.  ADDRESS OFFER TO (If other than Item 7)			 CODE    	

IRS/ Field Proc Bus Oper Br (OS:A:P:B:S)
2888 Woodcock Blvd, Ste 300
Atlanta, GA 30341	

See Item 7	
NOTE:  In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”	
SOLICITATION	
9. Sealed offers submitted in accordance with Section L instructions for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, 
or if handcarried, in the depository located in (refer to Section L, Item L.10) until  noon Eastern -  local time APRIL 05, 2012 (Date).

CAUTION  LATE Submissions, Modifications, and Withdrawals:  See Section L, Provision No. 52.214-7 or 52.215-1.  All offers are subject to all terms and conditions contained in this solicitation.	
	10.  FOR
INFORMATION    
		CALL:	A.  NAME	B.  TELEPHONE  (NO COLLECT CALLS)	C.  E-MAIL ADDRESS	
	
BENDER, LINDA B	AREA CODE
	NUMBER
404-338-9210	EXT.
	Linda.Bender@irs.gov
Note: Include “Solicitation Number TIRSE-12-R-00003” in email subject line.	
11.  TABLE OF CONTENTS  (Pages i – ix)	
()	SEC.	DESCRIPTION	PAGE(S)	()	SEC.	DESCRIPTION	PAGE(S)	
PART I - THE SCHEDULE	PART II - CONTRACT CLAUSES	
X	A	SOLICITATION/CONTRACT FORM	1	X	I	CONTRACT CLAUSES	29   	
X	B	SUPPLIES OR SERVICES AND PRICE/COST	2	PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.	
X	C	DESCRIPTION/SPECS./WORK STATEMENT	58	X	J	LIST OF ATTACHMENTS	See Sec J   	
X	D	PACKAGING AND MARKING	1	PART IV - REPRESENTATIONS AND INSTRUCTIONS	
X	E	INSPECTION AND ACCEPTANCE	5	
X	K	REPRESENTATIONS, CERTIFICATIONS 	8   	
X	F	DELIVERIES OR PERFORMANCE	2			AND OTHER STATEMENTS OF OFFERORS		
X	G	CONTRACT ADMINISTRATION DATA	4	X	L	INSTRS., CONDS., AND NOTICES TO OFFERORS	21    	
X	H	SPECIAL CONTRACT REQUIREMENTS	14	X	M	EVALUATION FACTORS FOR AWARD	4  	
OFFER (Must be fully completed by offeror)	
NOTE:  Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.	
12.  In compliance with the above, the undersigned agrees, if this offer is accepted within _150_ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.	
13.  DISCOUNT FOR PROMPT PAYMENT
	(See Section I, Clause No. 52.232-8)	
	10 CALENDAR DAYS
%	20 CALENDAR DAYS
%	30 CALENDAR DAYS
%	       CALENDAR DAYS
%	
14.  ACKNOWLEDGMENT OF AMENDMENTS	AMENDMENT NO.	DATE	AMENDMENT NO.	DATE	
(The offeror acknowledges receipt of amendments to the					
SOLICITATION for offerors and related documents					
numbered and dated):					
15A.   NAME
AND
ADDRESS
OF
OFFEROR	CODE	00055905	FACILITY		16.  NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)

TO ALL OFFERORS
TO ALL OFFERORS
TO ALL OFFERORS, WV 99999		
15B.  TELEPHONE NUMBER	

     15C.  CHECK IF REMITTANCE
  ADDRESS IS DIFFERENT FROM ABOVE - 
  ENTER SUCH ADDRESS IN SCHEDULE.	17.  SIGNATURE	18.  OFFER DATE	
AREA CODE
	NUMBER

	EXT.
				
AWARD (To be completed by Government)	
19.  ACCEPTED AS TO ITEMS NUMBERED

	20.  AMOUNT

	21.  ACCOUNTING AND APPROPRIATION

	

22.  AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

 10 U.S.C. 2304(c)  (   ) 	       41 U.S.C. 253(c)  (   ) 	23.   SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)
		ITEM
	
24.  ADMINISTERED BY (If other than Item 7)	CODE		25.  PAYMENT WILL BE MADE BY	CODE		
		
26.  NAME OF CONTRACTING OFFICER (Type or print)
	27.  UNITED STATES OF AMERICA

(Signature of Contracting Officer)	28.  AWARD DATE

IMPORTANT -- Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.	
AUTHORIZED FOR LOCAL REPRODUCTION	STANDARD FORM 33  (Rev. 9-97)
Previous edition is unusable	Prescribed by GSA – FAR (48 CFR) 53.214(c) 
TABLE OF CONTENTS

SECTION A
SOLICITATION/CONTRACT FORM

Standard Form 33, Solicitation, Offer, and Award 

SECTION B
SUPPLY SERVICE and PRICE/COST

B.1      	GENERAL
B.2      	BASIC SERVICES
B.3      	ADDITIONAL SERVICES
B.3.1   	   Normal and Overtime Rates
B.3.2   	   Additional Services Order Limitation
B.4      	PRICE SCHEDULE

SECTION C
DESCRIPTION/SPECS/WORK STATEMENT

C.1     	INTRODUCTION
C.1.1  	   Objective
C.1.2   	   Code or Requirement Conflict
C.1.3      Contractor
C.1.4      Time in Number of Days and Business Day Define
C.2      	SCOPE OF WORK
C.2.1   	   Description of Services
C.2.2   	   Basic Services Overview
C.2.3   	   Additional Services Overview
C.2.4   	   Basic Services/Additional Services Overview Table
C.3      	BASIC SERVICES
C.3.1       Facility Operations
C.3.1.1 	Building Operations Plan (BOP)
C.3.1.2 	Instructions
C.3.1.3 	Facility Temperature 
C.3.1.4 	Equipment Checks
C.3.1.5            System Equipment Configuration, Set Points, and Operating Parameters
C.3.1.6 	Removal and Ice Abatement
C.3.1.7 	Maintain Equipment Rooms and Contractor Spaces
C.3.1.8 	Painting and Corrosion Control
C.3.1.9 	Read Utility Meters
C.3.1.10 	Equipment Condition Report
C.3.1.11 	Energy Conservation
C.3.1.12 	Lamps and Ballasts
C.3.1.13 	Demand Response Programs
C.3.1.14 	Water Conservation
C.3.1.15 	Lawn Irrigation
C.3.2       Building Systems Water Treatment
C.3.2.1   	Water Treatment Programs
C.3.2.2   	Independent Testing
C.3.2.3   	Other Water Treatment Checks
C.3.2.4   	Chemicals
C.3.2.5   	Other Water Inspections
C.3.3       Service Calls
C.3.3.1   	General Service Call Requirements
C.3.3.2   	Service Call Reception
C.3.3.2.1    	  Service Call Reception during Regular Work Hours
C.3.3.2.2 	  Service Call Reception after Normal Government Working Hours
C.3.3.3 	Service Call Classification, Response, and Completion
C.3.3.3.1 	  Emergency Service Calls
C.3.3.3.2 	  Hot/Cold Calls
C.3.3.3.3 	  Urgent Service Calls
C.3.3.3.4 	  Routine Service Calls
C.3.3.3.5 	  Utility Time Service Calls (UTSC)
C.3.3.3.6 	  Service Call Response/Completion Requirements Service Call    
                	Response/Completion Requirements
C.3.3.3.7 	  Service Call Deferrals
C.3.3.4 	Service Calls with a Cost Greater than $7,500
C.3.3.5 	Materials, Equipment, and Critical Spares
C.3.3.6 	Repair Standards
C.3.3.7 	Damages Caused by Weather Conditions or Vandalism
C.3.3.8 	Technical Assistance/Furniture & Equipment Moves
C.3.3.9 	Service Call Database
C.3.4       Preventive Maintenance (PM) and Certification
C.3.4.1 	Preventive Maintenance (PM)
C.3.4.2 	Preventive Maintenance Performance and Scheduling
C.3.4.3 	Changes in Equipment Inventory
C.3.4.4 	PM Documentation
C.3.4.5 	Equipment Identification Numbers (ID)
C.3.4.6 	Certification Inspection and Testing
C.3.4.7 	Certification Test Schedules
C.3.4.8 	Infrared Testing
C.3.4.9 	Control Systems
C.3.4.10 	Oil Analysis and Oil Changes
C.3.4.10.1         Periodic Oil Analysis
C.3.4.10.2 	  Non-Destructive Chiller Tube Analysis
C.3.5       Personnel Requirements
C.3.5.1 	On-Site Project Manager and On-Site Supervisor
C.3.5.2 	Computerized Maintenance Management System Administrator
C.3.5.3 	Shift Leads
C.3.5.4 	Electricians
C.3.5.5 	HVAC Mechanic
C.3.5.6 	Maintenance Mechanic & General Maintenance Workers and Helpers
C.3.5.7 	Specialized Equipment Maintenance
C.3.6       Staffing Requirements and On-Site Hours of Operation
C.3.7   	    Safety
C.3.7.1 	General
C.3.7.2 	Scheduling and Recordkeeping
C.3.7.3 	AQMD Operating Permits
C.3.7.4 	Aboveground Storage Tanks
C.3.7.6 	Facility Hazards
C.3.7.7 	Electrical Safety
C.3.7.8 	Lock-Out/Tag-Out  
C.3.7.9 	Confined Spaces
C.3.7.10 	Boiler/Pressure Vessel Operation and Inspection Standards
C.3.7.11 	Backflow Prevention Devices
C.3.7.12 	Potable Water Systems
C.3.7.13 	Occupational Health and Safety (OHS) Program
C.3.7.14 	OHS Inspections
C.3.7.15 	Hazard Communication Program
C.3.8       Security
C.3.8.1 	Site Access and Clearances
C.3.8.1.1   	  Full Time and Frequent On-Site Access
C.3.8.1.2   	  Infrequent and Intermittent Access
C.3.8.2     	Badges
C.3.8.3     	Facility Security
C.3.9       Environmental Requirements
C.3.9.1    	Hazardous Waste Management
C.3.9.1.1  	  Less Than 30-Day Accumulation Site
C.3.9.1.2  	  Hazardous Waste Disposal
C.3.9.1.3  	  Spill Reporting
C.3.9.2     	Environmental Inspections
C.3.9.3     	General Trash
C.3.9.4      	Recyclables
C.3.9.5      	Air Emissions
C.3.9.5.1   	Refrigerants
C.3.9.5.1.1 	  Inventory of Refrigerants
C.3.9.5.1.2 	  Reclamation of Refrigerants
C.3.9.5.1.3 	  Accountability for Refrigerants
C.3.9.6      	Hazardous Materials Management
C.3.9.6.1    	Emergency Planning and Community Right-to-Know Act (EPCRA)
C.3.9.6.2    	Hazardous Materials Storage
C.3.9.7      	Environmental Compliance
C.3.9.8      	Asbestos Containing Materials (ACM)
C.3.9.8.1   	  Repairs Where ACM is Present
C.3.9.8.2   	  ACM Removal Standards
C.3.9.8.3  	  ACM Removal Documentation
C.3.9.8.4   	  Coordination and Reporting
C.3.9.9     	Air Quality Management District (AQMD) Operating Permits
C.3.9.10   	Aboveground Storage Tanks
C.3.9.11  	RESERVED
C.3.9.12   	Water Pollution Prevention
C.3.9.13   	Sustainable Building
C.3.9.14   	Green Purchasing
C.3.10       Phase-In, Contract Start, and Phase-Out
C.3.10.1   	Phase-In Planning/Staffing
C.3.10.2   	Existing Deficiencies Inspection
C.3.10.2.1 	  Inspection Process
C.3.10.2.2 	  Equipment Disassembly/Reassembly for Inspection Purposes
C.3.10.3  	Inspection Documentation
C.3.10.4  	Correction of Deficiencies
C.3.10.5  	Responsibility for Normal Operations and Maintenance
C.3.10.6  	Contract Start
C.3.10.7 	Phase-Out
C.3.10.7.1 	  Contract Close-Out Inspection
C.3.10.7.2 	  Inspection Documentation
C.3.10.7.3 	  Deficiency Correction
C.3.11       Quality Control Plan (QCP)
C.3.11.1 	Inspection System
C.3.11.2 	QCP Personnel
C.3.11.3 	Annual Executive Quality Control (QC) Inspection
C.3.11.4 	QCP Documentation
C.3.11.5 	Reserved
C.3.12       Government Quality Assurance Program
C.3.13       Contingency Plans
C.3.14       Required Reports and Submittals
C.3.15       Partnering
C.3.16       Warranties
C.3.17       Computerized Maintenance Management Systems (CMMS)
C.3.18       As-Built Drawings
C.3.19       Work Performance, Coordination and Scheduling
C.3.19.1 	Routine Work Coordination
C.3.19.2 	Facility Outages Coordination
C.4       ADDITIONAL SERVICES (INDEFINITE DELIVERY INDEFINITE 
              QUANTITY (IDIQ) WORK)
C.4.1       Types of Additional Services
C.4.1.2  	Correction of Deficiencies Identified During the Phase-In Inspection
C.4.1.1  	Repair Requirements (Service Call Work) exceeding $7,500
C.4.1.3  	New Project Work
C.4.1.4  	Snow Hauling
C.4.1.5  	Painting and Corrosion Control Exceeding 200SF
C.4.2       Proposals
C.4.3       Cost Proposals
C.4.3.1  	Labor Hours and Cost Estimate
C.4.3.2  	Material Estimates
C.4.3.2.1 	  Specialized Equipment Rental Estimates
C.4.3.2.2	  Sub-Contractor Work
C.4.4       Consequences of Failure to Provide Cost Proposals
C.4.5       Establishing Final Price and Schedule for Task Orders
C.4.6       Changes to the Scope of Work in Task Order
C.4.7       Reports
C.5.      GOVERNMENT FURNISHED ITEMS
C.5.1       Government Furnished Space
C.5.1.1 	Keys to Government Facilities
C.5.1.2 	Authorized Use and Access to Spaces
C.5.1.3 	Technical Publications
C.5.2       Government Furnished Materials (GFM) & Material Inventory
C.5.3       Government Furnished Equipment
C.5.3.1 	Office Furnishing, Minor Tools, and Shop Fixtures
C.5.3.2 	Use of Government Property
C.5.3.3 	Equipment Inventory
C.5.3.4 	Computers
C.5.4       Government Provided Services
C.5.4.1 	Utilities
C.5.4.3 	Housekeeping Services C.5.4.2 Fuels
C.5.4.4 	Grounds Maintenance and Refuse Removal
C.5.4.5 	Security and Fire Protection
C.6.     	CONTRACTOR PROVIDED ITEMS
C.6.1       Materials
C.6.2       Communication Equipment
C.6.3       Drawings
C.6.4       Personal Protective Equipment
C.6.5       Uniforms
C.6.6   	    Warranty of Services
C.7.     	DEFINITIONS AND ACRONYMS
C.8.     	REGULATIONS AND REFERENCES

SECTION D
PACKING AND MARKING

D.1   	PAYMENT OF POSTAGE AND FEES
D.2   	MARKING
SECTION E
INSPECTION AND ACCEPTANCE

E.1    	52.252-1 Solicitation Provisions Incorporated by Reference 
E.2    	PERFORMANCE REQUIREMENTS SUMMARY TABLE DESCRIPTION
E.3    	PAYMENT DEDUCTION CLAUSE
E.4    	SUBMITTAL ACCEPTANCE OR REJECTION NOTIFICATION 

EXAMPLE 1
(Deduction Analysis without Projection)

SAMPLE MONTHLY PAYMENT ANALYSIS FORM

SECTION F
DELIVERIES OR PERFORMANCE

F.1       52.252-1 Solicitation Provisions Incorporated by Reference  
F.2	CONTRACT TERM
F.3	PLACE OF PERFORMANCE
F.4	DELIVERY SCHEDULE
F.5	DELIVERY LOCATION
F.6	DELIVERY METHOD

SECTION G
CONTRACT ADMINISTRATION DATA

G.1	AUTHORITY - CONTRACTING OFFICER, CONTRACTING OFFICER’S 
            TECHNICAL REPRESENTATIVE AND CONTRACTOR’S PROJECT 
             MANAGER
G.1.1	  Contracting Officer
G.1.2	  Contracting Officer’s Technical Representative
G.1.3	  Project Manager
G.2      ADDITIONAL SERVICES ORDERING, PERFORMANCE, AND PAYMENT 
            PROCEDURES
 
SECTION H
SPECIAL CONTRACT REQUIREMENTS

H.1   	IR1052.204-9003 IRS SECURITY AWARENESS TRAINING 
         	REQUIREMENTS 
H.2   	IR1052.204-9005   SUBMISSION OF SECURITY FORMS AND RELATED 
         	MATERIALS 
H.3   	IR1052.204.9006 NOTIFICATION OF CHANGE IN CONTRACTOR 
        	EMPLOYEE EMPLOYMENT STATUS, ASSIGNMENT, OR STANDING  
H.4   	IR1052.239-9007 ACCESS, USE OR OPERATION OF IRS INFORMATION 
        	TECHNOLOGY (IT) SYSTEMS BY CONTRACTORS  
H.5 	1052.224-9000(a) Disclosure of Information-Safeguards   
H.6  	1052.224-9000(d) Disclosure of "Sensitive but Unclassified" Information   
        	Safeguards   
H.7  	1052.224-9001(a) Disclosure of Information--Criminal/Civil Sanctions    
H.8  	1052.224-9001(b) Disclosure of Information-Sensitive but Unclassified Use 
        	Only 
H.9  	1052.224-9002 IRSAP 1052.224-9002 Disclosure of Information--Inspection  
H.10 	RESERVED
H.11 	INSURANCE - WORK ON GOVERNMENT INSTALLATION
H.12 	APPLICABLE MINIMUM HOURLY RATES OF WAGES
H.13 	SECURITY REQUIREMENTS
H.14 	IDENTIFICATION
H.14.1	   Identification of Contract Employees
H.14.2 	   Photo-Identification Badges
H.14.3 	   Parking Decals
H.15   	RECORD OF ARRIVAL/DEPARTURE
H.16 	STAFFING AND KEY PERSONNEL
H.17 	RESERVED
H.18 	UNIFORMS
H.19 	STANDARDS OF CONDUCT
H.20 	NONPAYMENT FOR UNAUTHORIZED WORK

SECTION I
CONTRACT CLAUSES

I.1 	52.252-1 Solicitation Provisions Incorporated by Reference 
I.2 	1052.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN 
      	FEDERAL TRANSACTIONS (DEVIATION)  
I.3 	1052.203-9000 NEWS RELEASES AND ADVERTISEMENTS
I.4 	1052.242-9000 POST AWARD EVALUATION OF CONTRACTOR 
      	PERFORMANCE   
I.5 	52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE  
I.6 	52.216-18 ORDERING   
I.7 	52.216-19 ORDER LIMITATIONS  
I.8 	52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE 
      	SMALL BUSINESS CONCERNS  
I.9 	52.219-28 Post-Award Small Business Program Re-representation  
I.10 	2.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES   
I.11 	52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT 
I.12 	52.222-54 Employment Eligibility Verification  
I.13 	52.232-18 AVAILABILITY OF FUNDS
I.14 	DT1052.219-70 1052.219-70 SF 294 AND SF 295 REPORTING  
I.15 	DT1052.219-75 Mentor Requirements and Evaluation 
I.16	 IR1052-96-070 NEWS RELEASES  
I.17 	IR1052-96-115 ADVERTISING OF AWARD  
I.18 	IR1052.204-9004 ACCESSING ON-LINE PAYMENT INFORMATION   

SECTION J
LIST EXHIBITS AND ATTACHMENTS

EXHIBIT #	DESCRIPTION	
B-1	Price Schedule	
TE-1	General Location and Site Information	
TE-2	Facility Components And Equipment	
TE-3	Service Call History 	
TE-4	GSAPM Guide Cards	
TE-5	Equipment PM List	
TE-6	Required Submittals and Reports	
TE-7	Government Furnished Items 	
TE-8	Glossary of Terminology	
TE-9	Applicable Regulations and References	
TE-10	Infrared Testing Requirements	
TE-11	 Reserved	
TE-12 	 Reserved	
TE-13	Environmental Management System	
TE-14	Paint Colors	
E-1	Performance Requirements Summary Table 	
H-1	Wage Determination  	
H-1A	Collective Bargaining Agreement	
H-2	General Decision 	
L-1	Subcontracting Plan Outline	
L-2	Small Disadvantaged Business Participation Program Targets	
ATTACHMENT #	DESCRIPTION	
1	Quality Assurance Surveillance Plan	
2	Past Performance Questionnaire	

SECTION K
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 	CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO 
        	INFLUENCE CERTAIN FEDERAL TRANSACTIONS  
K.2 	52.204-8 Annual Representations and Certifications 
K.3 	52.209-7 Information Regarding Responsibility Matters  
K.4 	IR1052-04-001 INSTRUCTIONS TO OFFERORS FOR PERFORMANCE 
       	REQUIREMENTS
K.5	DUNS NUMBER

SECTION L
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 	52.252-1 Solicitation Provisions Incorporated by Reference
L.2 	52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION 
L.3 	52.216-1 TYPE OF CONTRACT 
L.4 	52.233-2 SERVICE OF PROTEST 
L.5 	DT1052.219-73 Department of the Treasury Mentor Protégé Program
L.6 	IR1052-96-061 DISCUSSIONS AND CORRESPONDENCE
L.7 	IR1052-96-120 DISPOSITION OF PROPOSALS 
L.8 	SITE VISIT AND PRE-PROPOSAL CONFERENCE
L.9 	PROPOSAL PREPARATION INSTRUCTIONS  
L.9.1    	General Instructions
L.9.2    	Volume I - Business Proposal
L.9.3   	Volume II - Price Proposal
L.9.3.1 	General
L.9.3.2 	Specific  
L.9.4   	Volume III - Technical Proposal
L.9.4.1 	General
L.9.4.2  	Specific  
L.9.4.2.1 	    Tab 1 - Introduction  
L.9.4.2.2 	    Tab 2 - Staffing Plan and Phase-In Plan
L.9.4.2.3 	    Tab 3 - Building Operations Plan
L.9.4.2.4 	    Tab 4 - Service Call Plan
L.9.4.2.5 	    Tab 5 - Preventive Maintenance (PM) Plan
L.9.4.2.6 	   Tab 6 - Additional Services (IDIQ) Plan
L.9.4.2.7 	   Tab 7 -Subcontracting 
L.9.4.2.8 	   Tab 8 - Experience and Past Performance
L.10     MAILING INSTRUCTIONS
L.11     PROPOSAL FORMS AND OTHER REQUIRED DOCUMENTS TO BE REMOVED, COMPLETED AND RETURNED AS PART OF OFFER

SECTION M
EVALUATION FACTORS FOR AWARD

M.1 	52.252-1 Solicitation Provisions Incorporated by Reference
M.2 	BASIS OF AWARD
M.3 	EVALUATION FACTORS
M.4 	TECHNICAL EVALUATION & SUBCONTRACTING PLAN OUTLINE
M.5 	PRICE EVALUATION

BLANK PAGE

 
     Section B
 
SUPPLIES OR SERVICES AND PRICES/COSTS

B.1	GENERAL

It is the Government’s intention to obtain Facility Operation and Maintenance Services for Memphis IRS Center (MIRSC) by means of awarding a combination firm-fixed-price and time-and-materials type contract.  Services to be performed are defined in Section C, either as “Basic Services” or “Additional Services”. 

The Contractor shall provide all management, supervision, labor, materials, supplies, and equipment (unless otherwise stated), and shall plan, schedule, coordinate, and assure effective performance of all services described herein.

The contract term consists of a base period and option renewal periods. Refer to Section F, Contract Term.
B.2	BASIC SERVICES

All work requirements outlined in Section C, with exception of those specifically excluded, are considered “Basic Services”.  Basic Services shall be performed as firm-fixed-price work priced in accordance with the fixed monthly price specified in the Price Schedule (refer to Exhibit B-1, Price Schedule). 

B.3	ADDITIONAL SERVICES
 
Additional Services (refer to Paragraph C.4, Additional Services) is work of a non-recurring nature not included under Basic Services, and includes authorized work tasks that exceed established thresholds defined under Basic Services.  Additional Services shall be performed in accordance with contract terms as either time-and-material priced work with labor priced in accordance with the fixed labor-hour rates outlined in the Price Schedule, or as firm-fixed-priced work. 

B.3.1  Normal And Overtime Hourly Rates

Overtime rates (for applicable work based on the fixed labor-hour rates in the Price Schedule) apply only when the Government requires performance outside the contract’s “core business schedule”, otherwise Normal rates apply.  Payment of overtime rate(s) must be pre-approved by the Authorized Ordering Official (refer to Paragraph G.2, Additional Services Ordering, Performance, and Payment Procedures). 

For the purposes of this contract, the “core business schedule” is defined as Monday through Friday (excluding Federal observed holidays), between the hours 6:00 AM to 5:00 PM.   
B.3.2   Additional Services Order Limitation

Order limitations for Additional Services work requirements are outlined in Section G, Paragraph G.2, Additional Services Ordering, Performance, and Payment Procedures.  Ordering Official(s) will be designated in writing by the Contracting Officer at the time of contract award and subject to change by contract modification.  The Ordering Official’s authority is limited to the terms of the contract.  It will be at the Contractor’s own risk to exceed the "ceiling price" established by the Contracting Officer.  The ceiling price(s) will be established for individual contract line item(s) awarded for Additional Services (e.g. Base Period, Additional Services - Line Item No. 0002; Option Period I, Additional Services - Line Item 1002; etc.).
B.4   PRICE SCHEDULE

Contract pricing shall be in accordance with the schedule of prices, as outlined in Section J, Exhibit B-1, Price Schedule.

INSTRUCTION TO OFFERORS:  OFFERORS ARE TO COMPLETE THE PRICE SCHEDULE (for Base and each Option Period) LOCATED IN SECTION J, EXHIBIT B-1 AND RETURN WITH PROPOSAL.

 

  
 SECTION C
DESCRIPTION/SPECS/WORK STATEMENT

C.1.  INTRODUCTION

  C.1.1 Objective 
The objective is to obtain contract services for facility operations and preventive maintenance, together with repair services for buildings, structures and building equipment at U.S. Department of Treasury, Internal Revenue Service (IRS) Campus at Memphis IRS Center (MIRSC), 5333 Getwell Road, Memphis, TN 38118.
The overriding objective is to obtain the services stated herein with the utmost reliability to minimize any negative impacts on critical building systems which could adversely affect the IRS’s mission. Moreover, the objective is to ensure no unscheduled building systems outages on critical building systems which affect IRS operations. The specific location, mission, facility size, building population and other relative data are shown in Technical Exhibit TE-1.
  C.1.2 Code or Requirement Conflict 
Throughout this PWS there are references to applicable codes or requirements. These references are for informational purposes to assist in the definition of services to be provided by, or expectations of the Contractor. The Contractor is expected to be knowledgeable of all applicable local, State and Federal requirements associated with the performance of the contract responsibilities together with related industry best practices. In the event of a conflict between the requirements of local, State or Federal requirements, or a conflict between this PWS and the local, State or Federal requirements and/or industry best practices, the most stringent requirement shall apply. The Contractor must comply with the provisions of Executive Order 13423 with respect to the operation of government-owned facilities and vehicles.

  C.1.3 Contractor
Throughout the PWS, the term “Contractor” is used to reference the successful offeror in the performance of the duties as described in this PWS.
C.1.4 Time in Number of Days and Business Day Defined
"Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or holiday observed by the Federal government, then the period shall include the next business day.   

A “business” day for the purposes of this contract is Monday through Friday, (excluding Federal observed holidays), between the hours 6:00 a.m. to 5:00 p.m.   

C.2. SCOPE OF WORK
  C.2.1 Description of Services
The Contractor shall provide all management, supervision, labor, materials, supplies, repairs, maintenance, parts, tools and equipment and shall plan, schedule, coordinate and ensure completion of all contract requirements specified herein at the MIRSC facility in Memphis, TN.  Specific facility equipment and building systems included in this contract are shown in Technical Exhibit TE-2 for Facility Components and Equipment (contract covered systems and infrastructure components requiring operations, service calls and service call repairs, etc..) and Technical Exhibit TE-5 depicting Building Equipment preventative maintenance requirements (equipment requiring PM performed on a scheduled basis). The Contractor shall be fully responsible for the operation, repairs, scheduled preventive maintenance and equipment certifications necessary to effectively operate and maintain all building equipment and systems as listed in this contract. 

Technical Exhibit TE-3 is a Service Call history of service calls received in calendar year 2010.   This Exhibit is based on historical data and is provided for informational purposes only.

The Contractor shall also provide contract Additional Services, as outlined in Paragraph C.4 below, an as as-needed basis ordered in accordance with contract terms, for services such as building/equipment repair services, new work, snow hauling services, and phase-in deficiency correction.

The Contractor shall be required to operate the MIRSC facility during all emergency situations such as fires, spills, accident and rescue operations, strikes, civil disturbances, natural disasters and the like. The contract Project Manger and contractor’s designated staff shall become thoroughly familiar with the IRS Occupancy Emergency Plan (OEP) for MIRSC. Participation in the IRS OEP shall be mandatory during the event of a related emergency situation regardless of the time of occurrence. The Contractor shall be responsible to support the OEP during an actual emergency or any associated preparatory drills, by performing specific actions as required by the Contracting Officer’s Representative (COR) as part of the Basic Services (fixed price) portion of this contract.
  C.2.2 Basic Services Overview
The Basic Services portion of this requirement is intended to encompass performance of all services to:
•	Operate the facility (described in Paragraphs C.3.1, C.3.2 and C.3.6);
•	Perform all service calls and repairs initiated by the Government as Service Calls     (described in Paragraph 3.3);
•	Perform Preventive maintenance and equipment certification and infrared testing (described in Paragraph C.3.4 and related Technical Exhibits, TE- 4, TE-5 and TE-10), 
•	Provide the services to manage the work at  MIRSC (described in Paragraph C.3.5) and
•	Perform project planning and proposal development activities and cost estimating of all Additional Services work requested by the Government (described in Paragraph C.4).   
Basic Services shall be performed based on the firm-fixed monthly price in the Schedule and include all contract services herein, unless specifically identified as “Additional Services.”
  C.2.3 Additional Services Overview
Additional Services will be ordered separately, on an as-needed basis, in accordance with contract terms.  (Refer to Paragraph C.4, “Additional Services”; Section G, “Additional Services Ordering, Performance, and Payment Procedures”; and the following FAR Clauses in Section I: FAR 52.216-18, Ordering, and FAR 52.216-19, Order Limitation).  
Additional Services will be authorized by a fixed-price and/or time and materials type Task Order. 
Orders for Additional Services requirements of this contract will not exceed the maximum ordering limitation (MOL), as outlined in Section I, FAR 52.216-9. Additional Services requirements exceeding the MOL  per individual task order are excluded from this contract. 
Additional Services include, but are not limited to, the following:
•	That portion of Service Call repairs that are in excess of $7,500 per Service Call;
•	Phase-in deficiency corrections that are in excess of $500 each;
•	Snow Hauling  
•	New Project Work (Paragraph C.4.1.3); and
•	Painting over 200SF per request.
Additional Services requirements shall be ordered in accordance with contract Paragraph G.2, through issuance of task orders by the Authorized Ordering Official.  Individual requirements not exceeding $3,000 may be ordered by issuance of purchase card orders.  The Contractor shall be responsible to have processes in place to accept Government purchase (credit) card orders up to $3,000 each.
  C.2.4 Basic Services/Additional Services Overview Table
Basic Services/Additional Services
Work Category	Basic Services (Definitive Requirements) Firm-Fixed- Price	Additional Services (Miscellaneous Requirements)
Fixed Price or T&M Task Order	
Facility Operations Services, (Paragraph C.3) including but not limited to BOP. (Paragraph C.3.1.1), Water treatment (Paragraph C.3.2), all Service Calls no greater than $7,500. (C.3.3)	X		
The first $7,500 in labor, materials and/or subcontract costs associated with each Service Call (Paragraph C.3.3.1).	X		
Preventive Maintenance and Certification services. (Paragraph C.3.4)	X		
Snow Removal & Ice Abatement, including submission of contractor’s detailed Snow Removal Plan. (C.3.1.6)	X		
Painting up to 200SF per Service Call (C.3.1.8)	X		
Phase-In Inspection Deficiency corrections up to $500 each (Paragraph C.3.10).	X		
Costs exceeding  $7,500 in labor, material and/or subcontract costs associated with each Service Call  (Paragraph C.4.1.1)		X	
Phase-In Inspection Deficiency corrections exceeding $500  (Paragraph C.4.1.2)		X	
Labor and materials associated with New Project Work from $0 to contract MOL (Paragraph C.4.1.3)		X	
Snow Hauling to off-site location when deemed necessary by the COR (C.3.1.6)		X	
Painting in excess of 200SF per Service Call (C.3.1.8)		X	

C.3.  BASIC SERVICES
  C.3.1 Facility Operations.
The Contractor shall provide all services to operate the facilities as described below.
    C.3.1.1 Building Operations Plan (BOP)
The Contractor shall prepare and successfully implement a building operating plan (BOP) for MIRSC based on the building equipment inventory and  IRS’  operational needs. The BOP shall address both heating and cooling operations. All energy intense equipment (equipment exceeding 5 horse power) shall be separately identified in the BOP by the equipment identification number (ID #) and an operational plan shall be established so all equipment is operated in the most energy efficient manner possible taking into consideration indoor temperatures and outside weather conditions during all operational seasons. The BOP shall be furnished to the COR not later than the end of Phase-In period. The government may suspend all contract payments until a satisfactory plan is submitted and approved by the Government.  The Contractor shall review these plans at least annually (within the first 30 days of each option period) or when directed by the Contracting Officer’s Technical Representative (COR) and revise the plans as necessary. All revised plans shall be submitted to the COR for approval prior to implementing the revised BOP. The COR will provide written acceptance or rejection of the plan within 30 days. At a minimum, the BOP shall address the following:

a.	Standard operating procedures for operating building systems, to include as a minimum:
1.	Startup and shutdown times and procedures relative to various environmental conditions. These conditions include, but are not limited to: typical operation when cooling is required, typical operation when heating is required, operations when typical weather conditions impact heating or cooling (high humidity, extreme cold or hot periods, high winds), typical operation in “off seasons” (where applicable) when item “d” below can be realized.
2.	Procedures to accommodate tenant overtime utility requests.
3.	Peak load demand management procedures (if applicable).
4.	Other operating strategies to maximize efficiency and minimize energy consumption.
5.	Descriptions of major mechanical equipment and sequences of operations for equipment systems. 
6.	Locations of and particular requirements associated with accessibility and operations for all major utility shut offs including gas, oil, steam, electric (including UPS) and water.
7.	Locations of all electric rooms and a narrative of the areas served by each. 
b.	Energy intense equipment (all equipment above 5HP) start up and shut down schedules and operating procedures to achieve sound energy management practices while at the same time providing a  building environment in accordance with this solicitation.
c.	Procedures to achieve and maintain temperatures within the facilities occupied and unoccupied spaces.
d.	Operations to protect facility, systems and equipment during extreme cold.
e.	Provide procedures for use of free cooling building equipment to save energy.
f.	Specific description of how and when equipment operational checks will be performed.
g.	Describe procedures and frequency for back up of all automated control systems for building equipment.
h.	Development of a lighting control plan based on automated building lighting systems and/or manual procedures.  A complete plan shall be develop explaining in detail how lighting shall be operated and costs shall be controlled.  
i.	Describe the procedures for how all outages to building equipment and systems will be requested in advance. All non-emergency, non-PM related outages shall be approved by the COR a minimum of 24 hours in advance.
j.	Plans and procedures for addressing situations where there is inoperability and impairment of Fire Protection and Life Safety systems, including Fire Watch and impairment procedures (e.g., red tags, etc.).
k.	Plans and procedures for demand response programs, utility peak pricing tariffs and utility curtailment plans.
l.	Describe the procedures and frequency of training for the Contractor staff to ensure strict adherence to the BOP
m.	Description of watch procedures and documentation to be undertaken during operation of boilers, chillers, and related equipment
    C.3.1.2 Instructions
The Contractor shall develop specific standard operating procedures for Contractor personnel to implement the accepted BOP. These instructions shall be used by Contractor personnel in daily performance of work. A copy of these instructions shall be provided to the COR annually and shall be made available to other Government personnel upon request.
    C.3.1.3 Facility Temperature
All spaces occupied during facility operating hours shall be maintained at 74 degrees ± 2 degrees Fahrenheit. Rooms housing Information Technology equipment (computer rooms) shall be maintained at 72 degrees ± 1 degree Fahrenheit and 50% ± 5% relative humidity. Any temperature deviations shall be approved by the COR in writing.
    C.3.1.4 Equipment Checks
The Contractor shall perform equipment checks on all major building equipment at set frequencies (as listed below). Equipment check sheets associated with equipment listed below shall be completed at the time equipment checks are performed. Equipment check sheets shall document all major operating parameters and must indicate the tolerance bands for acceptable performance where available. All findings noted during the checks shall be entered as remarks on the check sheet and a service call work order shall be initiated for any deficiencies that can't be immediately corrected. All completed equipment check sheets shall be provided to the COR within 2 business days after completion (as required by the COR). A building tour log book  shall be stationed within the particular area and maintained for all mechanical and electrical machine rooms (as required by the COR). The building tour log book stationed within the particular area shall reflect a minimum 30 day period of performance and shall be notated with the time, date, and mechanics initials when equipment checks are performed in these areas. The equipment check sheets and logs kept beyond the 30 day period shall be maintained by the Contractor and remain available for review by the COR throughout the duration of the contract.  Thirty days before the expiration of the contract, all contract records (electronic and hard copy) shall be provided to the COR.

Equipment operating logs shall be maintained for major equipment (chiller, boilers, etc.). Information recorded on the logs shall be adequate to track the operating hours and performance history of the equipment.  

Required Equipment Check Frequencies:

Minimum:
a.	DAILY:  Major HVAC equipment (when in operation) including boilers, chillers, sump pumps, cooling towers, BAS/EMS, pneumatic control air compressors and air handlers, fire alarm system control panels (fire alarm system control panels shall not have any trouble conditions), steam system reducing and regulating stations, special purpose HVAC for critical functions, for 24 hour operations the checks will be performed once per 8 hour shift.

b.	 WEEKLY:  Distributed HVAC equipment including package units and external condensers, pumps, motors, sewage ejectors, fire pumps, generators, battery systems and uninterruptible power systems (UPS).

c.	 MONTHLY:  Transformers, secondary Electrical rooms. Switchgear/primary electrical equipment rooms and condensate drip pans. 

Where central plant equipment (chiller over 300 tons capacity and all boilers), is in operation the Contractor shall perform the following monitoring: 
a.   Monitor starting, stopping and loading of equipment.

b.   Check all operating equipment in the watch area every two (2) hours.

c.   Record operating data in appropriate logs or records every two (2) hours.

d.   Make adjustments at the central control panel (or BAS) in response to changing operating conditions.
    C.3.1.5 System Equipment Configuration, Set Points, and Operating Parameters
The Contractor shall make no changes to the established equipment configuration or the programming/operating sequence of control systems for fire alarm, HVAC, mechanical or electrical systems in facilities without the written consent of the COR. Upon completion of any maintenance or repair work, the equipment and its components shall be clean and shall have no missing or damaged parts. The equipment shall operate within the equipment manufacturer’s design criteria levels. 
    C.3.1.6 Snow Removal and Ice Abatement 
a.	The Contractor shall submit a detailed snow removal plan during the first 30 calendar days of the Phase-In Period.  The Contractor shall remove snow in a timely manner from the parking spaces/areas and all sidewalks following all snow falls of one inch or more or when unsafe conditions exist for IRS employees. All accumulations of ice shall be abated immediately by applications of chemicals and/or other means to provide secure footing and safe driving conditions. Sidewalks and other walking paths shall be clear of snow and ice throughout normal business hours and during periods at change of shifts even if snow or ice is continuing to fall during that time period. Parking areas shall be cleared before normal business hours and/or shift change so parking is available to IRS staff throughout normal business hours. When possible, snow shall be piled at a lower elevation than walking areas or at other locations on IRS premises so as to prevent water from melted snow crossing walkways and parking lots and refreezing. If snow accumulation exceeds the capability to pile the snow on the IRS premises as determined by the COR, hauling of snow to an offsite location may be deemed necessary. If this happens, the COR will verbally direct the Contractor to perform the required services and follow it up in writing by an issuance of an Additional Services task order.    
b.	All chemicals proposed to be used in snow and ice removal shall not damage any IRS facility surface and shall be approved by the COR prior to use. 
c.	The Contractor shall provide a detailed report in September of each calendar year that identifies all site damages to parking lot surfaces, curbs, parking lot light poles, site fencing, sidewalks, and lawn sprinkler systems, etc. so that all existing deficiencies are identified before the commencement of snow removal services for the year. The contractor shall be responsible for all damages to Government property, structures, and systems caused by the contractor’s neglect while performing snow removal services.  
d.	The minimum quantity of chemicals shall be stored on site. All chemicals stored on site shall be protected from unintentional runoff.
e.	The Contractor shall submit a detailed snow removal plan, including the description of the chemicals to be used, available equipment on and off site, personnel that will be involved, and a drawing of the site depicting the sequence of how snow and ice will be removed from  the site. This shall be updated and provided to the COR for review and approval annually 60 calendar days before the winter season begins. The snow removal plan shall be approved prior to implementation or use and no unapproved chemicals shall be used. 
    C.3.1.7 Maintain Equipment Rooms and Contractor Spaces
The Contractor shall maintain building equipment machine rooms, shops and office spaces in a manner that result in a clean and orderly appearance and a safe working environment at all times. All areas shall be kept free of extraneous materials, swept, mopped and dusted. Any Contractor damage to walls, ceilings, floors, pipes, ducts or exteriors of equipment shall be repaired and the finish shall be returned to match the existing conditions.   
Operating supplies such as packing, lubricants, rags, cleaners, etc., shall be properly secured in containers and stored in accordance with fire safety requirements outlined in the NFPA and local fire safety laws and regulations, in spaces approved by the COR for storage.
During the course of government building inspections by the COR or Government Maintenance Work Inspectors, any unacceptable conditions such as unauthorized storage of hazmat materials, old parts, supplies and/or debris discovered will result in an issuance of a Service Call at no additional cost to the Government.
    C.3.1.8 Painting and Corrosion Control
Painting included in the Basic Services portion of this contract is limited to 200 SF per Service Call at no additional cost to the Government.  Painting includes, but is not limited to, touching up interior and exterior architectural, structural and equipment surfaces such as walls, ceilings, doors, trim, windows, floors, hand railings, metal surfaces, installed building equipment, mechanical equipment, piping and insulation, duct work, machine room walls, ceilings, and floors. Painting may also include performing small painting requests (safety Text, Handicap spaces as needed, etc.) but not wholesale road and parking lot striping.
Painting in excess of 200 SF per request may be ordered under Additional Services  task orders (refer to Paragraph C.4, “Additional Services.”
 Prior to all applications of paint, the type and color of the paint to be applied shall be approved by the COR.  Technical Exhibit TE-14 is the Paint Colors, this Exhibit is provided for informational purposes only.
    C.3.1.9 Read Utility Meters
The Contractor shall be responsible for reporting usage readings for the electric, natural gas, and water meters.  Reporting format shall be approved by the COR.  All Contractor readings taken shall correspond with dates when utility company takes readings.

The report shall also include monthly readings indicating fuel oil levels in each storage tank.  The Contractor shall utilize all three of the Fuel Oil Monitoring Systems for monitoring levels in all three above ground fuel oil tanks.  The Contractor shall also provide capacity conversions, from the mechanical tape monitoring system, on the fuel oil level report. 

    C.3.1.10 Equipment Condition Report
The Contractor shall provide immediate notification to the COR for all equipment that is not fully operational. Furthermore, the Contractor shall provide a Weekly Equipment Report  (sent via E-mail or other approved submission) to the COR by 9:00am, that identifies any equipment not fully functional and shall detail the equipment deficiency and the proposed estimated time for the equipment to be returned to operational status.
    C.3.1.11 Energy Conservation
The Contractor shall operate equipment and systems as efficiently as possible without compromising service to the tenants. Failure to operate equipment prudently e.g., unnecessarily setting demand peaks, simultaneously heating and cooling, operating equipment when not needed, overriding set points unnecessarily or failing to correct underlying conditions may result in contract payment reductions under the terms of the contract. The Contractor is expected to make full use of analytical tools available (e.g., interval meter data, BAS trend data), to diagnose problems and identify operational improvements. 

The Contractor, in coordination with the COR and considering life-cycle costs, shall pursue the use of the most energy efficient replacement parts and equipment (Energy Star Rated) items available. The Contractor shall be responsible for all costs associated with the use of high efficiency, energy saving parts. In cases where high efficiency equipment is currently installed and requires replacement, the replacement part must meet or exceed that standard (the COR shall make the final determination of whether or not the replacement parts and equipment meet the required standards). Any rebates received from a service utility provider shall be assigned to the Government or applied as a credit against the contract.

An aggressive Government energy management program is in place. At a minimum, all equipment, systems, architecture and structure shall be operated and maintained per E.O. 12123, Department of Energy recommendations, best practices, and guidance.  Subsequent updates, revisions, etc., shall become part of the contract at no additional cost to the Government.

    C.3.1.12 Lamps and Ballasts

The Contractor shall replace failed lamps, to include appropriate ballasts if required, with the most efficient products available in accordance with existing building standards defined by the COR. In lieu of such standards, lamps shall be replaced with the most efficient products available matching type and Color Rendering Index (CRI) for existing facility lighting. The Contractor shall establish and implement a lamping and ballast recycling program for fluorescent tubes and light bulbs in accordance with EPA, state,  and GSA regulations. 

The Contractor is required to damp wipe all fixtures during scheduled maintenance, and when they are repaired, relocated or re-lamped.
    C.3.1.13 Demand Response Programs 
The Government may participate in any of the available demand response programs or critical peak pricing tariffs administered by utility companies, State agencies or third-party administrators. If the Government participates in such a program and advises the Contractor of the requirements of such program, the Contractor shall cooperate fully in the implementation of the program as part of the fixed price portion the contract.  

The Contractor shall develop a curtailment program in consultation with the Government and subject to Government approval; such plan shall be described in the Building Operating Plan. The Contractor shall implement all Government approved curtailment measures (which might typically include turning off unnecessary lighting, shutting down designated elevators, implementing temperature setback programs, etc.), immediately on notification of a curtailment, in accordance with the plan. Failure to diligently manage systems in accordance with such programs may result in contract payment reductions under the terms of the contract for excess costs or loss of revenue to the Government. 

    C.3.1.14 Water Conservation

The Contractor, in coordination with the COR and considering life-cycle costs, shall pursue the use of the most water efficient replacement parts and equipment items available. Where applicable, the Service Provider should purchase WaterSense (SM) labeled products.  If irrigation services are subcontracted, the contract shall be certified through a WaterSense labeled program.

  C.3.1.15 Lawn Irrigation

The Contractor shall provide all labor, material and supervision required to repair the lawn sprinkler system, including replacing lawn sprinkler heads, at no additional cost to the government.  In the event that the government adds any sprinkler heads during the term of the contract, Contractor shall be responsible for all repair or replacement of the additional sprinkler heads at no additional cost to the government.  The Contractor shall maintain sprinkler head height to ensure proper coverage as surrounding plant height changes.

The Contractor is not responsible for the cost to repair/replace sprinkler heads, and other such equipment, damaged by other IRS contractors.

The Contractor shall be responsible for all labor, material and supervision required to operate and maintain Maxicom, the irrigation system control system.

The lawn irrigation system shall be drained and winterized by November 15 each year.  The lawn irrigation system shall be filled and ready to be placed in operation from Maxicom by April 15 each year.   The Contractor shall perform a full walkthrough at the beginning of the season after the irrigation system is fully on-line and operating from Maxicom.  The Contractor shall demonstrate the complete systems operability.  Any problems identified during these walkthroughs shall be immediately entered into CMMS as a work order.

All work performed on the irrigation system shall be accomplished by persons who hold and maintain current Irrigation Association (IA) Certification for Certified Irrigation Contractor or Certified Landscape Irrigation Auditor.  Persons who are RainBird/Maxicom factory trained at level III shall accomplish all operation, maintenance, and repair of the irrigation control system.

The Contractor shall submit Maxicom reports and weather data printouts 5 workdays after the end of each month.

The Contractor shall ensure all applicable software upgrades are provided and installed, as they become available, at no additional cost to the Government.  The Contractor shall notify the COR when upgrades have been obtained and installed.

  C.3.2 Building Systems Water Treatment
	The Contractor shall implement its approved water treatment program that covers all equipment and systems being maintained as part of this contract. The program shall include but is not limited to all of the requirements of the PWS under C.3.2.    
    C.3.2.1 Water Treatment Program
a.   During the Phase-In Period, the Contractor shall have the water analyzed in each of the applicable building systems named below. The Contractor shall provide a written report during the initial 30 calendar days of the Phase-In Period which details their findings of the water analysis and establishes an appropriate treatment program for each system. 
1.	Hot water heating systems
2.	Condensate systems
3.	Chilled water systems
4.	Condenser water systems
5.	Decorative Fountains
b.   The water treatment program and services supplied by the Contractor shall be specifically formulated for each type of system according to the recommendations of a chemist, laboratory or firm that specializes in the water treatment field. In addition, the Contractor shall be responsible for furnishing and installation of all necessary automated chemical feed equipment required to monitor and automatically feed chemical treatments for all water systems as part of the fixed-price portion of this contract. All automated chemical feed equipment shall be included as part of the complete water treatment program. The program shall be submitted to the COR within the first 60 calendar days of the Phase-In Period and the COR will provide written approval or rejection of the water treatment program within 30 calendar days of receipt of the program.  

Acceptable corrosion rates are established in the GSA Public Buildings Service Operations and Maintenance Standards. Molybdenum shall not be used.
      C.3.2.2 Independent Testing
Every water analysis made on these systems, whether initial, regular or follow-up, shall be made by or under the supervision of an independent, registered certified and licensed chemist, laboratory, or firm specializing in the field of water treatment. A written report of findings of all tests shall be submitted to the COR within 5 calendar days of the analysis. Analyses other than the initial analysis noted above, shall be made on each system as follows:
a.   Once each month on a regular, recurring basis (a monthly report shall be included in the monthly progress report).
b.   Following any change in the treatment program to ensure proper treatment.
    C.3.2.3 Other Water Treatment Checks
On-site Contractor personnel shall conduct daily water treatment and testing of all water systems identified in paragraph C.3.2.1 on a weekly basis.
    C.3.2.4 Chemicals
a.   The Contractor shall provide all equipment, chemicals and services, including application required to control corrosion, scale, algae and slime in each of the systems named above. The treatment supplied shall be one that has been specifically formulated for each type of system according to the recommendations of a qualified chemist, laboratory or firm experienced in the water treatment field. The treatment(s) shall prevent:
1.  Buildup of adherent mineral deposits (scale) on heat transfer surfaces in any of the systems.
2.  Algae, slime and bacteria growth.
3.  Corrosion
b.   Where temperatures, pressures or other operating data indicate that the scale control program is not adequate, the Contractor shall clean the equipment immediately, check the treatment for accuracy and thereafter maintain temperatures, pressures and other pertinent factors within limits specified by the manufacturer of the equipment. Slimicides, algaecides and biocides or non-chemical methods shall be used to prevent algae, slime and bacteria growth. The Contractor shall warrant that the chemicals or methods as used in the water treatment program:
1.  Shall not endanger the health or safety of persons coming into contact with the materials.
2.  Shall not harm or damage personal or real property.
3.  Shall have no detrimental effect on the metallic, nonmetallic and wood materials in the equipment being treated.
4.  Chemicals shall be in compliance with current water pollution regulations of any local, State and Federal agency including, but not limited to, the Environmental Protection Agency.
    C.3.2.5 Other Water Inspections
The Contractor shall test building system water annually (chilled water, all hot water systems, condenser water) for the presence of Legionella. Testing for the detection, enumeration and identification of Legionella from building water systems shall be conducted in compliance with the following standards: ISO 11731, NF T 60-431 and NF T 60-461.
The testing of the water shall be performed by an independent water-testing firm and a written report shall be provided to the COR with the results of the testing provided to the COR within 15 calendar days after the water samples have been taken.  
  C.3.3 Service Calls
The Contractor shall receive, respond to, complete and document all Service Calls required by the Government as specified herein. The Contractor shall implement a comprehensive Service Call Program including, but not limited, to all Service Call requirements under section C.3.3.  
    C.3.3.1 General Service Call Requirements
The Government may transmit Service call work orders to the Contractor for Service Calls orally, by email, by creation of a work order by a Government employee or representative, or through automated work order generation (ERC/GDI Portal). All Government issued Service Calls shall be received by the contractor, documented in the CMMS database, issued to contractor technicians to accomplish the requested services and closed in a timely manner once all Service Call requirements have been completed. 
Service Calls are defined as unscheduled building related problems. Examples include, but are not limited to, taking measures to respond to and correct building related deficiencies such as malfunctioning HVAC systems resulting in hot/cold complaints, miscellaneous electrical, plumbing, architectural, carpentry and structural system repairs, etc... The Contractor shall respond to and correct these problems as specified herein, including any needed repairs. Service Calls may also include technical assistance and other miscellaneous work requirements as required by the COR. Service Calls are brief in scope and do not usually require detailed job planning. 
The first $7,500 of labor, materials and subcontract costs of Service Call work is included in the Basic Services, fixed-price portion of this contract. The Contractor shall receive, perform and document Service Calls in accordance with the procedures outlined below. In instances where the Contractor identifies additional repair/service call work that is needed in the course of performing other contract work (such as quality control inspections, preventive maintenance or other service calls), the Contractor shall initiate a Service Call for these services by documenting the required service/repair requirements in the Government furnished CMMS and assigning the Service Call work to SP technicians.  
    C.3.3.2 Service Call Reception
      C.3.3.2.1 Service Call Reception During Regular Work Hours
The Government may transmit Service Call work orders to the Contractor for Service Calls orally, by email, by creation of a work order by a Government employee or representative or through automated work order generation (ERC/GDI Portal). The Contractor shall perform Service Call reception Monday through Friday during the hours of 7:30 am 4:00 pm and classify each call in accordance with the definitions provided below. A Service Call ticket will be generated in the CMMS. If the call is classified as Emergency, Hot/Cold or Urgent, the Government will immediately notify the Contractor by phone that an emergency situation exists. The Government reserves the right to reclassify the type of service call initiated in the CMMS and/or cancel or defer Service Calls initiated by the contractor if they are determined by the COR to be classified inappropriately, duplicate work orders (initiated due to identical building deficiencies), or work not meeting the definition of Service Calls mentioned above. The contractor shall document all Service Calls regardless of format in the CMMS within a maximum of two (2) hours, excluding holidays and weekends. 
      C.3.3.2.2 Service Call Reception After Normal Government Working Hours
The Contractor shall provide the COR with a list of qualified personnel (pager and cell phone numbers), to be called when emergency service is required after normal Government working hours. The COR, Maintenance Work Inspector or Security Office will receive the Service Calls from IRS employees and issue a verbal Service Call that indicates the nature of the problem, priority, and location of the problem. The Contractor shall document all such verbal or written requests in the CMMS and issue a CMMS Service Call to contractor technicians to accomplish and document the services provided.   The contractor may also receive phones calls directly from IRS customers.  Once received, the contractor shall document the Service Call in the CMMS within one business day. (excluding holidays and weekends).       
    C.3.3.3 Service Call Classification, Response, and Completion
The Government and/or Contractor shall classify all Government initiated Service Calls as described below. Service Call response times and completion times are shown below and summarized in the associated Table. The Government reserves the right to make the final determination on all Service Call classifications.
      C.3.3.3.1 Emergency Service Calls
Emergency Service Calls consist of correcting failures on equipment or structures which would immediately threaten personnel, property or the IRS local or national mission and may result in a work stoppage until the support service or repair work is successfully completed. Examples include, broken water pipes, electrical outages, HVAC outages on critical equipment, clogged drains where sewage backup/overflow exists, oil or gas leaks, inoperable pumps, electrical hazards which may cause fire or shock, repairs to critical mechanical systems, roof leaks which create an unsafe condition.  The Contractor shall respond immediately and be on the job site and working within 10 minutes after receipt of an Emergency Service Call except as required in accordance with paragraph C.3.3.2.2. above. The Contractor shall work continuously without interruption and shall correct or secure the emergency condition before departing the job site. All work on the Service Call shall be completed in 2 calendar days or less. However, if the situation is impacting IRS operations or is considered a safety hazard, the Contractor shall work continuously without stopping until the repairs are successfully made and/or there is no longer any impact on IRS operations or employees. If the cause of the problem involves building systems or equipment failures that would extend the time required to correct the emergency situation, the Contractor shall leave the ticket open until repairs are completed and associate the ticket to the piece of PM equipment or system requiring repairs (documenting the repairs in the CMMS equipment history database records).
 C.3.3.3.2 Hot/Cold Calls
Hot/Cold calls consist of providing services to correct the temperature level at various locations throughout the facilities where Government employees report they are uncomfortable. The Contractor shall respond and be on the job site and working within 30 minutes after receipt of a Hot/Cold Service Call and shall work continuously until completion of the job. The temperatures shall be maintained in accordance with paragraph C.3.1.3, or as directed by the COR. If the cause of the problem involves building systems or equipment failures that would extend the time required to correct the hot/cold situation, the Contractor shall leave the ticket open until repairs are completed and associate the ticket to the piece of PM equipment or system requiring repairs (documenting the repairs in the CMMS equipment history database records). 
      C.3.3.3.3 Urgent Service Calls
Urgent Service Calls correct failures which do not immediately threaten personnel, property or missions, but which could soon inconvenience and/or affect the health of personnel, lead to property damage, increase the risk of equipment failure or lead to disruptions in IRS operations. The Contractor shall respond and be on the job site and working within 2 business hours after receipt of an Urgent Service Call, when the call is received during regular working hours. 
Urgent calls carried over to the following workday must be responded to within one hour of the start of the next workday. Once begun, the work shall be performed to completion and must be completed within 3 business days. Urgent Calls shall normally be accomplished during normal Government work hours as mentioned in paragraph C.3.6. However performance may be required outside normal Government work hours as directed by the COR at no additional cost to the Government. If the cause of the problem involves building systems or equipment failures that would extend the time required to correct the urgent situation, the Contractor shall leave the ticket open until repairs are completed and associate the ticket to the piece of PM equipment or system requiring repairs (documenting the repairs in the CMMS equipment history database records).
      C.3.3.3.4 Routine Service Calls
Service Calls will be classified as Routine when the work does not qualify as an Emergency or Urgent call, as directed by the COR. Examples of Routine Service Calls include: loose baseboard trim, dripping faucets, broken floor and ceiling tiles, damaged dry wall, etc.. The Contractor shall contact the customer/agency reporting the need for service condition within 2 business days of receipt of the routine service call. Routine Service Calls shall be completed within 5 calendar days. If the cause of the problem involves building systems or equipment failures that would extend the time required to correct the routine situation, the Contractor shall leave the ticket open until repairs are completed and associate the ticket to the piece of PM equipment or item requiring repairs (documenting the repairs in the CMMS equipment history database records).
      C.3.3.3.5 Utility Time Service Calls (UTSC)
The contractor shall provide materials and labor services for completing UTSC to accomplish small miscellaneous jobs requested by the COR as part of the fixed price portion of the contract under Basic Services.
Utility Time Service Calls are miscellaneous facility work defined as follows:
•	The Contractor is responsible for providing all materials and supplies costing no more than $100.00 per call. The Contractor shall also provide all tools of the trade necessary to complete the UTSC, 

•	Total time to complete a single UTSC request is less than 4 hours,

•	Limited to labor categories and Contractor staff presently on-site.
All other supplies or materials costing more than $100.00 per request shall be furnished to the Contractor by the Government.
Examples of UTSC’s include, but are not limited to, the following types of services:  miscellaneous labor services, new painting, wallpaper, hanging pictures, banners, bulletin boards, plaques, carpet tile installation, ceiling tile installation, battery operated clock installations and maintenance, installation of communications cabling, installing door identification cards and office signage, changing directory boards, minor carpentry and electrical related work, and other miscellaneous building related services as directed by the COR. 
Contractor shall contact the customer within 2 business days of receipt of each Utility Time Service Call and complete all calls within 5 calendar days.
      C.3.3.3.6   Service Call Response/Completion Requirements
Service Call Classification	Response/Completion	
Emergency
(C.3.3.3.1)	Respond within 10 minutes of notification and work to completion or contain the emergency. (Complete work within 2 calendar days). 	
Hot/Cold
(C.3.3.3.2)	Respond within 30 minutes and alleviate the discomfort. (Work to completion)	
Urgent
(C.3.3.3.3)	Respond within 2 business hours of notification during normal work hours. (Complete work within 3 business days)	
Routine
(C.3.3.3.4)	Respond to customer within 2 business days of notification received. (Complete work within 5 calendar days)	
Utility Time Services
(C.3.3.3.5)	Respond to customer within 2 business days of notification received. (Complete work within 5 calendar days)	

      C.3.3.3.7 Service Call Deferrals
The Contractor shall perform Service Calls in accordance with the above-mentioned requirements to ensure quality customer service and continuity of operations and/or to return equipment to operational service. If repairs cannot be accomplished within these time frames due to circumstances beyond the Contractor's control (COR will determine this), a deferral may be granted by the COR (on a case-by-case basis) once the Contractor provides the following:
a.	A written explanation for the delay.
b.	The estimated time for completion.
c.	Evidence showing that the Contractor has made every effort to comply with the contract Service Call time frames.
In the event an acceptable timeframe for completion can not be agreed upon by the COR and the Contractor, the COR will bring the matter to the attention of the Contracting Officer (CO). The decision of the CO is final. Regardless of the circumstances, the Contractor shall continue to address the applicable Service Call with due diligence until the matter is resolved to the satisfaction of the COR or CO.
The Contractor shall provide a written report depicting all Service Call deferments approved by the Government as part of the Monthly Progress Report. Deferred Service Calls shall remain on the monthly report until completion.  The maximum deferment period for a Service Call is 25 calendar days, unless otherwise authorized by the COR.
    C.3.3.4 Service Calls with a Cost Greater than $7,500
If the Contractor responds to a Service Call and believes that the cost of the required work is greater than $7,500, the COR shall be notified within 4 hours that the cost of the work will exceed $7,500. No work shall be accomplished prior to COR’s approval.  However, an Emergency Service Call shall be abated immediately regardless of the cost provided that the CO is notified immediately or as soon as practicable. The COR shall also be notified concurrently with the CO. The Contractor shall submit an invoice for all emergency work performed within 24 hours after completion of the work. The work will be handled in accordance with the provisions of Additional Services outlined in paragraph C.4 below.  
    C.3.3.5 Materials, Equipment, and Critical Spares
The Contractor shall maintain sufficient materials, tools and equipment to support all work requirements identified herein. Lack of availability of supplies, spare parts, tools, or equipment shall not relieve the Contractor from the requirement to complete all required services within the time limits and quality standards specified in this contract.
During the Phase-In Period, the Contractor will inventory and review the existing critical spares for applicability, validity, and current shelf life and shall develop a critical spares inventory to be maintained for the duration of the contract.  The proposed inventory shall be submitted to the COR for approval a minimum of 30 calendar days before the end of the Phase-In Period.  The inventory shall include the equipment type and building where the materials will be used and all critical spare parts, supplies, and items required to successfully perform Service Calls, PM's and repairs to critical building systems.  
Before the contract performance period begins, the Contractor shall obtain the spare parts and supplies for cupboard stock on-site and/or will find supply sources for each major (high dollar item) critical spare to determine if (a) it is readily available for just-in-time (JIT) delivery or (b) it must be purchased for on-site cupboard stock. 
If JIT delivery is determined to be a suitable option, the Contractor will (a) make such recommendation to the COR, and (b) provide documentation to the COR on the JIT relationship with the supplier and, (c) verify at least quarterly that the supplier can still provide the item just in time.
    C.3.3.6 Repair Standards
The Contractor shall comply with all acceptable industry standards and best practices and shall adhere to all regulations, directives and instructions identified in Paragraph C.8 and Technical Exhibit TE-9.
    C.3.3.7 Damages Caused by Weather Conditions or Vandalism
The Contractor shall not be responsible for costs associated with repairs on equipment damaged, which can be proven to be caused by Acts of God and/or acts of vandalism by Government employees. However, if the Contractor fails to provide appropriate protection for building systems or fails to properly secure a particular work area when the weather event takes place, the Contractor will be responsible for performing all such repairs and all costs associated with the repairs.
    C.3.3.8 Technical Assistance/Furniture & Equipment Moves
The Contractor shall provide technical assistance to answer technical questions, work with Contractors and/or consultants on building related repair and/or construction projects, draw technical sketches, review technical drawings, start and stop building equipment, open and shut valves and provide advice to Government representatives in all operation, maintenance, repair and building or system upgrades relating to the building(s) covered by this contract. Technical assistance will be requested in the form of a Service Call.
The Contractor shall move stand alone furniture and equipment in the immediate area of the worksite(s) if required to accomplish any services included in this contract (this does not include the disassembling or relocation of systems furniture, except in the cases of emergencies as directed by the COR). In addition, the furniture and/or equipment shall also be relocated back into the original location after work has been competed. All work shall be done with minimum interference to Government personnel and operations as approved by the COR.  
    C.3.3.9 Service Call Database
The Contractor shall maintain the Service Call database in the CMMS. This includes receipt of Service Calls, opening and closing all Service Calls. All Service Calls shall be documented (in accordance with items a through g below) and closed-out in the CMMS within 2 business days of the work being completed by the contract technician (excluding weekends and holidays). The contract technician shall date and time stamp the completed Service Call ticket when work has been completed and before the ticket has been officially turned in for closing by the contract CMMS administrator.  All Service Call tickets shall be maintained on-site in an orderly filing system approved by the COR for the duration of the contract.  The COR shall have access to all Service Call records for the duration of the contract and all records shall be turned over to the Government 15 calendar days prior to the contract expiration date. 
 The completed Service Call tickets and CMMS documentation shall contain the following information:
a.   Description of work Performed.
b.   Date and Time Service Call completed.
c.   Number of Labor Hours.
d.   Government Point of Contact (POC) name and phone number (if different from issued ticket).
e.   Name and signature of SP technician.
f.   Additional comments on work and equipment history record data.
g.   Equipment inventory ID number, if applicable.
The Contractor shall be responsible for maintaining the equipment history database for all Service Calls and PM performed on all building equipment listed in Technical Exhibit TE-5. The Contractor shall update all equipment history records in the CMMS database within 7 calendar days after Service Call repairs, and/or PM activities have occurred. 
  C.3.4 Preventive Maintenance (PM) and Certification
	The Contractor shall schedule, perform and document all required PM, equipment certifications and infrared testing. The Contractor shall use the PM scheduling module of the CMMS at each site for managing and documenting all PM program accomplishments. 
    C.3.4.1 Preventive Maintenance (PM)
PM consists primarily of inspection, cleaning, lubrication, adjustment, calibration, corrosion control, touch-up painting and minor part/component replacement (e.g. filters, belts, hoses, fluids, hardware), as required to increase the reliability and efficiency of equipment by minimizing malfunction, breakdown and deterioration of equipment and the identifying of any repairs required to bring the equipment up to the manufacturer’s operating standards. 

The minimum preventive maintenance standards (minimum PM guide card procedures and frequencies) proposed by the Contractor shall be based on the most recent General Services Administration (GSA)/Public Buildings Service (PBS) Operations and Maintenance Standards, or  the equipment manufacturer’s recommended preventive maintenance procedures and frequencies (whichever are more stringent). The COR shall make the final determination which of the preventive maintenance standards is most stringent. However, the Contractor shall not use the Public Buildings Service Operations and Maintenance Standards for performing inspections, testing and preventive maintenance on fire protection and life safety systems and equipment. 

The Contractor shall use the specified NFPA Codes and Standards to perform inspections, testing and preventive maintenance of fire protection and life safety systems and equipment. In addition, the Contractor shall follow the specific testing and inspection frequencies and methods specified in such NFPA Codes and Standards. The Contractor shall record such inspection and testing services on the appropriate NFPA inspection and testing forms.

In the absence of a GSA guide card being available for a particular piece of equipment or system identified in Technical Exhibit TE-5, the Contractor shall develop guide cards based on the manufacturer's documented preventive maintenance standards. The manufacturer's published preventive maintenance standards shall be provided by the Contractor with all Contractor developed guide cards. 
As part of the Contractor's established system for scheduling and performing scheduled Preventive Maintenance (see C.3.4.1, above) the Contractor shall propose to the COR or designee, Preventive Maintenance Standards or Guides for each piece of equipment requiring a Preventive Maintenance procedure. The list of equipment requiring Contractor proposed Preventive Maintenance Standards or Guides shall include all of the items listed in the most recent GSA/PBS Operations and Maintenance Standards and Technical Exhibit TE-5.  
    C.3.4.2  Preventive Maintenance Performance and Scheduling.
a.   The Contractor shall perform all PM services required to effectively maintain all building equipment and systems in accordance with the standards outlined in Paragraph C.3.4.1 above. The Contractor shall use the PM scheduling module of the CMMS at MIRSC for managing and documenting all PM program accomplishments. During the Phase-In Period, the Contractor shall review the existing schedule and equipment inventory loaded in the CMMS. The Contractor shall ensure that the CMMS system equipment inventory for MIRSC accurately reflects all equipment identified in the contract technical exhibits and shall make changes in the CMMS equipment inventory as necessary. The Contractor shall provide a new up-to-date CMMS PM schedule to the COR for review and approval based on current contract requirements during the initial 30 calendar days of the Phase-In Period. After the contract start date, the inventory and schedule shall be input into the CMMS system and produce PM work orders in accordance with the approved schedule. All changes to the CMMS database shall be approved (in writing), in advance by the COR before the Contractor makes adjustments to the schedule. 
b.   The Contractor shall notify the COR in advance when any PM work on disassembled equipment (i.e., chillers, boilers, strainers, etc.) is schedule to be reassembled so a PM inspection can be performed by Government inspectors before the equipment is reassembled. Failure to notify the COR in advance of reassembling equipment shall result in the contractor having to disassemble equipment again for Government inspections at no additional cost to the Government.  The Government shall perform inspections in a timely manner during normal business hours (Monday through Friday excluding holidays) so as not to delay the contractor in reassembling equipment.  	
c.   It is the Contractor’s responsibility to maintain all of the building's equipment/systems as listed in Technical Exhibits TE-2 and TE-5, unless excluded herein. In the absence of a specific GSA PM guide/checklist being available for certain equipment in these TE’s, the Contractor shall perform preventive maintenance in accordance with the manufacturer's recommendations. The Contractor shall develop and submit a written proposed PM guide card to the COR for approval within seven(7) calendar days after the discovery that GSA PM guides/checklists are not available for certain equipment to be maintained. These PM guide(s) must be in the same format as the GSA guides and include the same type of information regarding a description of work to be done, amount of time required to perform the work and the frequency at which the work must be performed. 
d.   If the Contractor believes that any GSA provided PM guide/checklist included in this contract provides a lower quantity and/or quality of PM than is required by the equipment manufacturer, the Contractor shall develop and submit revised guides cards to the COR for review and approval. These guide(s) must be in the same format as the GSA guides and include the same type of information regarding a description of work to be done, amount of time required to perform the work and the frequency at which the work must be performed. Pending disposition of the revised guide(s) by the COR, the Contractor shall diligently complete all required PM as currently specified in this contract. The final determination as to which guide is to be used on a particular piece of equipment and or system rests solely with the COR.
e.   As a minimum, the Annual PM Schedule shall consist of the following elements for each piece of equipment to be maintained (PM Schedule format is subject to COR approval):  
1.  Equipment ID number;
2.  Equipment description;
3.  Equipment location;
4.  Equipment Guide Card nomenclature; 
5.  PM Frequencies for all equipment identified in Technical Exhibit TE-5;
6.  Last performance date;	
7.  Next performance date
f.   PM Deferrals - In the event that a deferral to the scheduled PM is required, the Contractor will coordinate the PM requirement and deferral with the COR via e-mail, or other approved format. The Contractor will submit a written request a minimum of 5 calendar days before the scheduled PM is due to be completed for consideration/approval of the COR. The COR will provide a written  response to the request within 3 calendar days. Subsequently, the Contractor shall update the CMMS database and Monthly Accomplishments Reports to reflect the approved deferrals. All PM work shall be completed as scheduled without deferral except as follows:  

Quarterly and Annual (or less frequent PMs) may be deferred by the COR for up to a maximum of 30 calendar days.

The Contractor shall perform PM's in accordance with the approved PM schedule to ensure quality customer service and continuity of operations and/or to return equipment to operational service. If PMs cannot be accomplished within the approved PM schedule due to circumstances beyond the Contractor’s control (COR will determine this), a deferral may be granted by the COR (on a case-by-case basis) once the Contractor provides the following:

1.	A written deferral request
2.	A written explanation for the delay.
3.	The reschedule due date for completing the PM.
4.	Evidence showing that the Contractor has made every effort to comply with the contract PM time frames.

Lack of availability of supplies, parts, materials, tools, or equipment shall not relieve the Contractor from completing PM work within the time limits specified in the approved PM schedule. 

In the event an acceptable timeframe for completion can not be agreed upon by the COR and the Contractor, the COR will bring the matter to the attention of the CO. The decision of the CO is final. Regardless of the circumstances, the Contractor shall continue to address the applicable PM with due diligence until the matter is resolved to the satisfaction of the COR and/or CO.

The Contractor shall provide a written report depicting all PM deferments approved by the Government as part of the Monthly Progress Report. Deferred PM(s) shall remain on the monthly report until they have been completed. PM with a frequency of one month or less shall not be deferred. The maximum deferment period for other PMs is 30 calendar days.

g.   The Contractor shall provide a monthly PM Schedule one month in advance of when the work is scheduled to be performed . This report shall be included in the Monthly Progress Report.  
    C.3.4.3 Changes in Equipment Inventory
The Contractor shall maintain and update the building equipment data in the CMMS. Any equipment installed or removed from MIRSC shall be entered into the CMMS database system within 7 calendar days following the installation/removal.  The Contractor shall notify the Government via email, or other approved format, in advance of all changes for Government concurrence before any changes are made. New equipment that is added during the year shall be maintained in accordance with Paragraph C.3.4.1 above. 

The Contractor shall include a Monthly Inventory Update Report of all equipment added or deleted to Technical Exhibit TE-5 as part of the Monthly Progress Report identified in Technical Exhibit TE-6 . The report shall reflect all equipment added or deleted to the CMMS (TE-5) which needs to be officially added or subtracted from the contract.  

On an annual basis, at the beginning of each contract Option Period, the official Technical Exhibit TE-5 shall be adjusted as required to ensure accuracy and to affect the basis for an equitable adjustment based on a revised and up-to date TE-5 equipment inventory.  At this time, should the PM equipment inventory reflect an overall increase or decrease  of more than 5% deviation from the contract’s previously recorded TE-5 inventory (based on GSA man-hour standards or RS Mean’s man-hours), an equitable adjustment shall be effected for  the  next option period.   If inventory additions do not result in the 5% threshold being surpassed, then the Contractor shall maintain the new equipment at no additional cost to the government.   Likewise, if deletions in the equipment inventory do not result in the 5% threshold being surpassed, the Government will not receive a reduction in contract cost.
    C.3.4.4 PM Documentation
After PM work is completed, the Contractor shall document the results on the PM work order and in the CMMS database. The contractor technician shall date and time stamp the completed    PM work order when work has been completed and before the PM work order ticket has been officially turned in to the contractor CMMS administrator for closeout/input into the CMMS.  All PM work orders shall be maintained up-to-date in the CMMS system and a hard copy shall be maintained on-site in an orderly filing system (approved by the COR) for the duration of the contract.  The COR shall have access to PM records at all times for the duration of the contract and all hard copy records shall be turned over to the Government 15 calendar days prior to the contract expiration date. 
Defects or deficiencies identified by the Contractor during PM activities that may result in risk to persons or property shall be reported to the COR immediately. All necessary repairs identified during performance of the PM shall be documented on the PM work order and a repair service call shall be opened in the CMMS to document the requirement and initiate corrective action to complete the necessary repairs. The Contractor shall identify the repair(s) service call number on the completed PM work order. The Contractor shall input actual results of the PM into the CMMS within 2 workdays of actual completion. The following information shall be entered on the PM work order form and input into the CMMS by the Contractor:  

a.   Date of PM work completed
b.   Actual man-hours expended
c.   List of any additional repairs required and follow up service call number
d.   Technician Signature

Equipment History Reports and Database. An Equipment History Report shall be provided on a quarterly and annual basis.  Both reports shall include data from the CMMS for all building equipment experiencing more than 4 repair activities (quarterly) and 6 repair activities (annually) during each contract  period . The reports shall be distributed as follows:   Quarterly (January, April, July, and October), and Annually (October).  
The reports shall be provided as part of the Monthly Progress Report
    C.3.4.5 Equipment Identification Numbers (ID)
Within the first completed cycle of the initial PM schedule, the Contractor shall update all the ID’s in the CMMS and affix a permanent ID label, if the equipment ID label is no longer accurate or is missing (the labeling system shall be approved in advance by the COR). 
    C.3.4.6 Certification Inspection and Testing
Certification testing of fired and unfired pressure vessels, high voltage switch gear, boilers, grounding systems, fire detection and suppression systems, fire extinguishers, backflow preventors and weight handling equipment shall be conducted such that all equipment certification is always current. All certification testing shall be accomplished by an independent testing firm not affiliated with the Contractor at no additional cost to the Government. Backflow preventors may be inspected and tested by certified contractor employees.
    C.3.4.7 Certification Test Schedules
The Contractor shall schedule certification testing so that all certifications remain current at all times. All certifications required less frequently than annually (i.e., every two years, every three years, every 5 years, etc.), shall be scheduled and performed initially during the first performance year of the contract. Any deviation from performing the certifications in the initial year requires written approval from the COR. The Contractor shall identify all certifications to be accomplished as part of the Annual PM schedule which shall be submitted to the COR for approval during the initial 30 calendar days of the Phase-In Period. The COR will review and accept or reject the submitted plan within 30 calendar days. Once approved, the Contractor shall input the certification schedule into the CMMS for implementation. The Contractor shall provide a report each month on all certifications completed during the month as part of the contract Monthly Progress Report identified in Technical Exhibit TE-6.
    C.3.4.8 Infrared Testing
The Contractor shall identify all infrared testing to be accomplished as part of the Annual PM schedule which shall be submitted to the COR for approval during the initial 30 calendar days of the phase-in period. . The Contractor shall perform a thermo-graphic (infrared) scan in accordance with the approved schedule and provide a written report of all the equipment as identified in Technical Exhibits TE-5 and TE-10. The report shall be provided both electronically and in hard copy formats, containing an analysis of any problem areas and recommended corrections/repairs needed. The Contractor shall provide a report each month of all infrared testing completed during the previous month as part of the contract Monthly Progress Report identified in Technical Exhibit TE-6 . All infrared testing shall be accomplished by an independent testing firm not affiliated with the Contractor at no additional cost to the Government.

    C.3.4.9  Control Systems
All control systems shall be maintained as designed. The Contractor is responsible for all system hardware including, but not limited to, the following systems; elevator controls, Fire Alarm, GE Lighting System, and Building Automation System (BAS)/HVAC controls. The Contractor is responsible for keeping software functioning and for reloading software in computers or controllers as necessary. The Contractor is responsible for making set point adjustments as necessary and appropriate. The Contractor is not responsible for writing or modifying control programs, other than reloading programs and making operator-level changes such as set point adjustments. The Contractor is not responsible for upgrading software.  However, the Government may issue an Addition Services order under the terms outlined in Paragraph C.4 below for the Contractor to upgrade any software or hardware required to ensure continuity of operations.  

The Contractor is responsible for maintaining a back up copy of all automated building equipment software for the purpose of reloading software as required to ensure systems continue to function in accordance with manufacturer's standards. 

The Government may upgrade or change Control System software or reprogram Control Systems during the performance period of the contract. If the Government provides operator level training and operator level documentation for the Contractor’s use, the Contractor shall not claim additional payment for changing to the new or upgraded software or control programs.

The Contractor shall not modify sequences of operation or control programs without prior written approval of the COR. 

The Contractor is responsible for notifying the COR if a sequence of operations or its implementation as a control program is not producing the desired results or is resulting in unnecessary energy use. The Contractor is responsible for retaining the manufacturer, manufacturer certified service firm, or representatives/specialists who are factory-trained certified technicians to accomplish all scheduled and unscheduled preventive maintenance and repair services on these systems If the Contractor does not  employ a manufacturer-trained and certified BAS technician  on-site, the Contractor must enter into a subcontract, which including weekly scheduled on-site support visits to perform schedule maintenance and repairs (not merely support on a contingency basis), with a individual/firm having these qualifications and skills. The Contractor shall develop a PM schedule, PM guide cards, and perform PM in accordance with the system manufacturer's published PM standards.  

All computers networked with Control Systems shall be maintained to the following minimum standards: 
a.   An approved anti-virus software subscription shall be kept in effect and the software used at all times;
b.   If the network can connect to the outside through a broadband connection, an approved firewall shall be used at all times;
c.   An approved spy-ware protection program shall be obtained and used;
d.  Contractor personnel shall be prevented from using the system to connect to web sites not reasonably related to building operations;
e.   Monthly anti-virus and spy-ware scans shall be conducted;
f.   Monthly Windows (or other operating system) critical updates shall be downloaded and installed;
g.   Complete data backup to a CD, DVD or flash drive, to include system database and operating system software, shall be conducted at least weekly and whenever a software or programming change is made;  a copy of the backup database shall be maintained and provided to the COR on a monthly basis as part of the Monthly Progress Report
h.   Disk drive maintenance to include de-fragmentation shall be performed quarterly.

    C.3.4.10 Oil Analysis and Oil Changes
      C.3.4.10.1 Periodic Oil Analysis 
The Contractor shall establish and implement an Oil Analysis Program incorporating manufacturer’s recommendations. Documentation shall include periodic oil analysis test to be performed at least annually, diagnostic standards and thresholds for oil changes. Oil analysis shall be conducted to maintain a consistent methodology for data collection, analysis and historical trending. Periodic oil analysis must include, but not limited to, chillers of 50 tons or greater cooling capacity. Periodic oil analysis shall be performed prior to annual maintenance requirements so that results may be considered in performing maintenance. Oil and refrigerant additives shall only be used when approved in writing by the equipment manufacturer and the COR. 

When testing is performed, a written report shall be submitted with the next Monthly Progress Report. Where oil analysis indicates a need for corrective action, an appropriate work order shall be created in the CMMS and the appropriate corrective action taken.
      C.3.4.10.2 Non-Destructive Chiller Tube Analysis
The Contractor shall establish and implement an Eddy Current Tube Analysis Testing Program covering all central cooling refrigeration machines larger than 100 Tons. 

Performance of this PM activity is to be coordinated with performance of annual PM on the central or packaged chilled water units (PM guides R-3, R-4, R-5, R-6 and R-7, as applicable).

The following requirements apply:
a.   The testing program shall be performed on a 3 year cycle.
b.   Complete an eddy current test of all heat exchanger tubes, evaporator and condenser (also concentrator and absorber in absorption units).
c.   The test shall be performed in accordance with current requirements and procedures of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code Section V Nondestructive Examination, Article 8, Eddy Current Examination of Tubular Products and applicable recommended practice standards of the American Society for Testing and Materials for Eddy Current Testing.
d.   A Certified Level II or higher technician, or equivalent, shall be used for this analysis in accordance with the American Society of Non-destructive Testing Recommended Practices, SNT-TC-1A, or current version.
e.   The test is to be witnessed by the COR or designated inspector.
f.    Reports: A copy of the magnetic tape record shall be maintained by the NDT contractor and furnished if requested by the Government.
g.   A preliminary job site report shall be provided as soon as the test is completed.

h.   Within 10 business days following completion of the test, the NDT contractor shall provide two complete test reports.  Include the following:
1.  Written test procedure.
2.	Recommendations – List all tubes recommended for replacement or      isolation.
3. Make complete description of defects (location, depth, inside or outside surface).
4. Map location – Show tube row, number and support for each tube bundle.
5. Name of technician performing tests and evaluating data.
6. Contractor's certification of technician qualifications.
  C.3.5 Personnel Requirements
The Contractor shall provide adequate numbers of qualified personnel to assure satisfactory performance of the services required by this contract. The minimum acceptable personnel qualifications for the positions are shown below.  Also refer to Section H, Item H.17, “Personnel Qualifications and Requirements” for additional terms applicable to the contract.

The Contractor shall adhere to any special certification, licenses or training requirements required by Federal, State or Local Jurisdictions. However, the COR may waive the minimum requirements stated herein as deemed necessary, on a case-by-case basis.

    C.3.5.1 On-Site Project Manager and On-Site Supervisor

PROJECT MANAGER:  The Contractor shall provide an on-site Project Manager dedicated to this contract at the work location. The Project Manager shall be available on-site from 7:00am to 3:30pm, Monday-Friday and at any other times required to effectively manage all contract work. During normal Government working hours, the Project Manager shall respond to questions from the COR within 30 minutes of the request. The Contractor shall, in writing to the COR, designate another on-site person to act for the Project Manager during any temporary absence of the Project Manager. As a minimum, project managers shall possess at least four(4) years of recent experience (within the past 7 years) as a first line supervisor in directing personnel responsible for accomplishment of similar operations, maintenance and repair work of equal or greater complexity. Experience shall be in buildings of at least the similar size and characteristics of the building to be operated and maintained. This includes, but is not limited to, experience in accomplishing preventive maintenance management and repairs to the following types of systems with similar rated capacities: Rotating Uninterruptible Power Supply (RUPS) systems, large chiller plants, low pressure boilers, computerized fire alarm systems, emergency generators, high voltage switchgear, computerized CMMS systems and computerized building automation systems. 

Contractor-provided pager or cell phone number(s), or other approved communication tool(s), shall be provided to the COR that enables Government personnel to be able to contact the designated Project Manager any time, 24 hours per day, 365 days per year.   Number(s) to be provided within first 30 calendar days of Phase-In, and updated as needed throughout the contract term.  

SITE SUPERVISOR:  The Contractor shall provide an on-site Supervisor dedicated to this contract at the work location. The on-site Supervisor shall be available on-site at a minimum of 40 hours per week. The Supervisor is responsible for directing maintenance and repair work to be accomplished under this contract and shall possess a minimum of four years of recent experience (within the past seven years) in managing the operation and maintenance of building equipment and systems in a supervisory capacity for buildings of similar size and complexity of the building to be operated and maintained under the contract   The supervisor shall perform in an administrative function to plan, direct, organize and receive request from the CO or COR, not to function as a working supervisor. The Supervisor should act for the Project Manager during any temporary absence of the Project Manager.
      C.3.5.2 Computerized Maintenance Management System Administrator. 
The Contractor shall provide an on-site Computerized Maintenance Management System (CMMS) Administrator dedicated to this contract. The CMMS Administrator shall be available on-site from 7:30am to 4:00 pm, Monday-Friday and at any other times required to effectively manage all CMMS activities including all database management contract work. During normal Government working hours, the CMMS Administrator shall develop and provide all necessary reports and database queries as requested by the COR within 4 hours (unless the COR  agrees to a longer time frame). The Contractor shall designate another qualified individual or subcontractor to perform all CMMS Administrator activities required during any temporary absence or disqualification of the CMMS Administrator for more than 3 weeks (including prohibition of using the CMMS due to clearance issues). As a minimum, the CMMS Administrator shall possess at least two(2) years of recent experience (within the past 5 years) performing similar duties as those required by this contract. 
   
    C.3.5.3 Shift Leads

Shift Leads shall be journeyman level personnel deemed as working supervisor on shifts not worked by the Project Manger. The Shift Leads shall be responsible to make all critical decisions for contract operations in the absence of the Project Manager. 

    C.3.5.4 Electricians

The Contractor shall provide a minimum of one full-time, on-site, electrician with the following experience and qualifications. The electrician shall be available on-site from 7:00am to 3:30pm, Monday-Friday and at any other times required to effectively accomplish all contract work. Electricians shall have a journeyman commercial/industrial license issued by a State or other accredited board. Electricians performing Contractor work shall have at least four (4) years experience at the journeyman level experience obtained within the past seven (7) years in the field of inspection, testing, troubleshooting, repairing, operating and performing preventive maintenance on complex electrical power distribution systems. 

All certification testing of electrical power distribution equipment shall be performed by journeyman electricians who are accredited by the National Electrical Testing Association (NETA) or equivalent.   

All certification testing of switchgear and breakers shall be performed by an independent bonded testing firm specializing in this type of work. 

    C.3.5.5 HVAC Mechanic

HVAC mechanics shall have at least four(4) years of journeyman level experience obtained within the past seven (7) years in a trade or occupation in maintenance, repair and operation of buildings such as: air conditioning equipment mechanic, refrigeration equipment mechanic, Operating Engineer, HVAC control systems mechanic, etc.. These qualification standards apply to both initial and replacement maintenance mechanics. Personnel engaged in the maintenance, servicing, and repair of refrigerant-containing equipment/systems shall be trained and certified as a Universal Technician (See 40 CFR 82.) by an Environmental Protection Agency (EPA)-approved source in the proper handling, recovery, recycling of CFC refrigerants.
    C.3.5.6 Maintenance Mechanic & General Maintenance Workers and Helpers
Maintenance Mechanics shall have four (4) years of experience obtained within the past seven (7) years in a trade or occupation in maintenance, repair and operation of complex buildings equipment and systems such as performed by a stationary engineer, air conditioning equipment mechanic, maintenance electrician and/or maintenance plumber/pipe fitter. 
The experience shall have included journeyman level experience in at least two of the following trades/activities and relevant knowledge of the remaining trade activities: 
a  Operating/adjusting building HVAC systems for efficiency and comfort,
b. Maintaining/trouble shooting/repairing the following systems/equipment:
1. Chillers and chilled water systems; 
2. Building HVAC equipment;
3. Boilers and hot water heating systems;
4. Domestic water and plumbing systems; and
5. Electrical systems including lighting, motors, starters, contactors, etc.

General Maintenance Workers and Helpers shall have at least two years of recent experience (within the last four years) in the field of building operation and maintenance in an occupation such as general mechanic, HVAC equipment installer, air conditioning equipment operator, electrician, drywall, plumbing, etc.   At no time shall a sub-journeyman or helper be allowed to perform maintenance or repairs on the site without DIRECT supervision by qualified personnel.

    C.3.5.7 Specialized Equipment Maintenance
The Contractor shall utilize the manufacturer, manufacturer certified service firm or representatives/specialists who are factory-trained certified technicians to accomplish all scheduled and unscheduled preventive maintenance and repair services on the systems noted below. If the Contractor chooses not to use the manufacturer or manufacturer certified service firms to perform the work, the Contractor shall provide to the COR, at the start of the Phase-In Period, certification(s) by the manufacturer, on manufacturer’s letterhead, signed by the appropriate company official, stating that specific (listed by name), Contractor employee(s) have been trained and certified by the manufacturer to maintain and/or service the equipment for which they will work on and all employee certifications shall be current. Systems requiring specialized maintenance are as follows:

a.   Fire Alarm/Protection and Sprinkler Systems
b.   Emergency diesel engine driven generators (annual PM and repairs)
c.   UPS and RUPS Systems including paralleling switch-gear
d.   Building Automation System
e.   High/Low Voltage Switchgear
f.    Pressure Vessels 
g.   Backflow Preventors
h.   Irrigation (Rainbird Level III / Irrigation Association)

  C.3.6   Staffing Requirements and On-Site Hours of Operation

The following table identifies normal Government business hours, on-site staffing requirements and building operations requirements at MIRSC. 

Normal Government Work Hours	24 hours a day / 365 days per year  	
Facility Operating Hours	24 hours a day / 365 days per year	
On-Site Staffing 	24 hours a day / 365 days per year	

Shift times and staffing requirements shall be based upon the Contractor’s approved Staffing Plan submitted with its proposal.  Proposed changes to the Staffing Plan shall be submitted for prior review and approval by the CO, and should be submitted at least 30 calendar days prior to the proposed effective date of change. No change shall be made to the approved Staffing Plan without the CO’s prior written approval. (Refer to Section H, “Staffing and Key Personnel”).  

The Contractor is fully responsible for performing all contract requirements in a satisfactory manner, regardless of its approved Staffing Plan.  Any adjustment needed to increase staffing in order to satisfy contract performance requirements shall be at no additional expense to the Government.

In the event of an unscheduled government holiday or other business type shutdown (e.g. inclement weather), Contractor shall provide adequate staffing to ensure minimal building operation at no additional cost to the government.  

The Contractor shall provide a minimum of one journeyman level employee on each shift to perform scheduled and unscheduled maintenance, equipment and building repairs, HVAC equipment operations, service calls, equipment checks and emergency services as necessary 24 hours per day, 7 calendar days per week, 365 days per year. 

  C.3.7 Safety 

    C.3.7.1 General

The Contractor shall comply with all Federal, State and local laws and regulations that relate to the maintenance and operation of equipment and systems within the scope of this contract, including permitting, inspecting, and providing safety equipment and procedures, control of hazardous substances, certification and recordkeeping. In the event of any conflicts between the Federal, State and local laws and/or regulations, the most stringent shall apply.  

    C.3.7.2 Scheduling and Recordkeeping

The Contractor shall maintain copies of all such tests, certifications, permits, MSDSs and other required records, as well as furnishing copies to the COR. 

All required safety and environmental tests, certifications, permits and other procedures required herein shall be scheduled in the CMMS work order system and documented in the CMMS.  

Injury and illness recordkeeping and reporting shall comply with 29 CFR 1604.  The COR shall be notified of an on-site contractor fatality or injury.  

   C.3.7.3 	 AQMD Operating Permits

The Contractor shall be familiar with the requirements of the local Air Quality Management District (AQMD) and shall be responsible for obtaining operating permits for boilers, generators and other emissions producing equipment regulated by the district and making copies available to the COR or designee. In the event of fines or penalties levied by an AQMD, contract payment reductions, may result under the terms of the contract.

    C.3.7.4     Aboveground Storage Tanks

The Contractor is responsible for complying with all federal, state and local requirements for the periodic inspection, monitoring, permitting, certification and maintenance of underground storage tanks.

    C.3.7.6 Facility Hazards

The Contractor shall assist in identifying facility hazards and take appropriate actions to comply with all Federal, State and local laws and procedures.

    C.3.7.7 Electrical Safety 

The Contractor shall comply with 29 CFR 1910 Subpart S, NFPA 70 and 70E when working on or around electrical equipment or systems. The Contractor will ensure that areas restricted to qualified personnel are secured and properly labeled. The Contractor shall ensure that employees who work on electrical equipment or systems are qualified for such work. Qualified electricians, who work on live systems, including testing, shall wear electrical personal protective equipment and use electrical protective devices as required by 29 CFR 1910 Subpart I. Whenever possible, electrical work should be performed under a lockout/tag-out program.

    C.3.7.8 Lock-Out/Tag-Out  

The Contractor shall develop a lock-out/tag-out program in accordance with 29 CFR 1910.147. The program shall include all anticipated energy sources including but not limited to, electricity, steam, pressurized fluids and mechanical energy. The Contractor must communicate the lock-out/tag-out program to all other affected Contractors.  

    C.3.7.9 Confined Spaces

The Contractor shall identify and label all permit-required confined spaces in accordance with OHSA requirements. The Contractor shall develop a confined space entry permit system for all permit-required confined spaces within the initial 60 calendar days of the phase-in period. 

    C.3.7.10 Boiler/Pressure Vessel Operation and Inspection Standards

The Contractor shall fully comply with the following standards while performing operations of this equipment:  

a.   ASME Boiler and Pressure Vessel Code ;
b.   National Board Inspection Code;
c.   Environmental Protection Agency and local air quality management district requirements;
d.   ASME CSD-1 Control & Safety Devices for Automatically Fired Boilers; and
e.   NFPA 85; Boiler and Combustible Systems Hazards Code.

Boiler inspections shall include both internal and external operating inspections and tests as described in Chapter 2 of “Inspection of Boiler and Pressure Vessels” of NBIC. The Contractor shall require the inspector to complete GSA Form 349 (Inspection Report of Boiler) or equivalent approved form for each boiler inspected. The Contractor shall have all unfired pressure vessels with design operating pressure in excess of 60 PSI. and having a capacity in excess of 15 gallons inspected annually. The Contractor shall complete GSA Form 350 (Inspection Report of Unfired Pressure Vessels) or equivalent approved form for each unfired pressure vessel inspected. A GSA Form 1034 (Certificate of Inspection) or equivalent approved form shall be completed and posted on or near the equipment. Inspections shall be made by inspectors certified by the National Board of Boiler and Pressure Vessel Inspectors and must be employed by an independent firm specializing in boiler and unfired pressure vessel inspections.

    C.3.7.11 Backflow Prevention Devices

The Contractor shall maintain and certify all existing backflow prevention devices, as prescribed by Federal, State and local laws, ordinances and regulations. If no local requirement exists, a certified inspector shall inspect all existing backflow prevention devices on an annual basis and provide a certificate of proper operation to the COR or designee. While the Government will generally pass on to the Contractor backflow testing notices received from local water districts or other local authorities, the Contractor is responsible for timely completion and submission of such test results regardless of receipt of such notices.

In addition to other requirements, backflow prevention devices used on water based fire suppression systems shall be inspected, tested and maintained in accordance with NFPA 25.  

    C.3.7.12 Potable Water Systems

The Contractor shall comply with The Safe Drinking Water Act - PL 99-339, as amended and the Environmental Protection Agency Safe Drinking Water regulations (40 CFR 141.43, Sections A and D), which address the quantity of lead allowable in new installations or repairs to existing drinking water systems and/or plumbing. Potable water systems which are repaired, modified, serviced or breeched in any way shall be disinfected, flushed and tested prior to returning the system to service.  

    C.3.7.13 Occupational Health and Safety (OHS) Program

All work shall be conducted in a safe manner in accordance with Occupational Health and Safety (OHS) regulations 29 CFR 1910 and 29 CFR 1926 or other applicable OHS regulations as situations warrant. When choosing safety and health controls, the Contractor should give preference to engineering controls first, administrative controls and work practices second, and personal protective equipment third. The Contractor employees shall wear the required Personal Protective Equipment (PPE), including but not limited to, safety shoes and head, ear and eye protection when and where required. It is the Contractor’s responsibility to provide employees with PPE and to replace worn or defective equipment as required by Federal and State Occupational Health Agency (OHSA) standards.

    C.3.7.14 OHS Inspections

The Contractor’s workspace will be inspected periodically by the IRS Safety Officer and/or Federal or State Inspectors for OHSA violations. Abatement of violations shall be the responsibility of the Contractor and/or the Government as determined by the CO with input from the COR. The Contractor shall provide assistance by escorting and cooperating with Federal or State OHSA inspectors if a complaint is filed. The Contractor shall pay any fines levied on the Contractor by Federal or State OHSA Offices.

The Contractor shall not deny entrance to any authorized Federal, state, or local inspector.

    C.3.7.15 Hazard Communication Program

The Contractor shall develop a Hazard Communication Program for this contract in accordance with 29 CFR 1910.1200 for the review and approval of the COR (within the first 20 calendar days of the Phase-In Period). 

  C.3.8 Security

    C.3.8.1 Site Access and Clearances
The site-specific security directives are available from the COR.
      C.3.8.1.1 Full Time and Frequent On-Site Access
All “full time” Contractor personnel and subcontract personnel, who frequently require access into the facility, may be issued “staff-like access” by the Government for “unescorted access” into the facility. The Government will provide all forms, take fingerprints and process the Security investigations. All Contractor personnel (including subcontract personnel), shall submit documentation to the COR in accordance with IRM Handbook 1.23.2, Section 2. Subcontract personnel requiring access for extended periods (more than 30 calendar days) and/or more than one time per year, shall be required to obtain “staff-like access” as determined by the COR. When the Security investigation is completed and no derogatory or adverse information is cited, the IRS Security office will provide “staff-like access” and allow the individual “un-escorted access” to the facility. If the interim and/or permanent Security investigation of a Contractor employee identifies derogatory or adverse information resulting in a decision to not grant “staff-like access”, that person shall not be allowed access to IRS facilities. When access by a Contractor or Sub-Contractor person is scheduled or predicted, the Contractor shall submit documentation for the Security investigation a minimum of 21 calendar days in advance of the anticipated employee reporting date to allow the issuance of “staff-like access”. During the period following submission of the Security investigation documentation and the individuals’ suitability determination, such Contractor personnel shall be signed in and escorted during their stay in the facility by Contractor personnel with approved “staff-like access”.
      C.3.8.1.2 Infrequent and Intermittent Access

All Contractor personnel or sub-Contractors that require access for a one-time event, such as a specialty repair or company staff visit, shall be authorized by the COR, signed in by the Contractor personnel with IRS “staff-like access”, and they shall be escorted throughout their stay in the facility by Contractor personnel with approved “staff-like access”.  The Contractor is encouraged to limit the number of personnel requiring escort. 

    C.3.8.2 Badges

The Government will issue access badges to all Contractor personnel that are granted “staff-like access.” Contractor personnel shall ensure that their badges are visibly displayed on their person at all times while in IRS facilities. The COR will make a determination whether or not to allow contract personnel to take their badges off-site, or be checked in and out at the on-site security office, based on the most up-to-date local security requirements in effect. The contractor shall follow all local Security procedures at all times unless otherwise approved in writing in advance by the COR.  
  
    C.3.8.3 Facility Security

The Contractor shall abide by all facility Security provisions identified in the site Security directives. The Contractor is cautioned that some specific controlled access to “high security” areas, such as Executive areas and Information Technology areas within the facility, will require a Government escort while performing work at those types of locations. The site-specific Security directives are available in the Technical Library.

  C.3.9 Environmental Requirements

The Contractor shall strictly follow all IRS Environmental Management System (EMS) requirements as shown in Technical Exhibit TE-13 as well as all applicable elements of the ISO 14001 environmental standard.

    C.3.9.1 Hazardous Waste Management

The Contractor shall conduct all operations in a manner that reduces or eliminates the generation of waste; and shall reuse, reclaim or recycle material to the maximum extent possible; and shall manage and dispose of hazardous waste in accordance with specific State Regulations and current EPA guidance. Hazardous wastes are solid wastes that meet the definition of a hazardous waste in 40 CFR 261. These may include, but are not limited to, PCB (primarily in light ballasts); lead and lead-contaminated debris; solvents and solvent-contaminated rags; spent lithium, mercury and alkaline batteries; and fluorescent light bulbs.

Contractor employees who handle or inspect hazardous waste must be trained annually.

      C.3.9.1.1 Less Than 30-Day Accumulation Site

The Contractor shall not store hazardous waste on site any longer than 30 calendar days and/or in accordance with Federal, State and Local regulations whichever is most stringent. There is currently one hazardous waste storage site at each location as identified in the Government Furnished Facilities. Hazardous wastes generated through the performance of this contract shall accumulate in limited quantity at the site for up to 30 calendar days, until the waste can be picked up by a commercial firm qualified to dispose of hazardous waste. The Contractor shall designate a Site Manager who shall inspect the Accumulation Site at least weekly, to ensure all requirements of the Hazardous Waste Management Plan are being met.

      C.3.9.1.2 Hazardous Waste Disposal

Waste that is generated by the Contractor in performance of this contract shall be picked up from the designated storage site, transported to disposal facilities and discarded in accordance with all applicable Local, State and Federal laws. This waste shall be disposed at the Contractor’s expense. Documentation showing the date, commercial firm performing the disposal and method of disposal shall be maintained a minimum of five years and made available to the Government upon request.

      C.3.9.1.3 Spill Reporting

The Contractor shall notify the COR immediately when any amount of hazardous material or waste is released to the environment and/or if a spill should occur.  When required by regulation and the spill exceeds the reportable quantity (RQ), the Contractor shall notify Federal, state, and/or local regulatory agencies of the spill or release. 

    C.3.9.2 Environmental Inspections

The Contractor’s workspace may be periodically inspected by Federal or State environmental inspectors for EPA. Abatement of violations shall be the responsibility of the Contractor or the Government as determined by the CO based on documentation and evidence presented by both parties. The Contractor shall provide assistance to the Safety Department escort and the Federal or State inspectors if a complaint is filed. The Contractor shall promptly pay any fines levied on the Contractor by Federal or State Offices that are due to environmental protection violations without reimbursement from the Government. The Contractor may be held personally liable for any violations in this area.

    C.3.9.3 General Trash

The Government will provide general trash removal services. General trash wastes are non-hazardous, non-controlled wastes and cannot be recycled. Examples of general trash wastes include food wastes and small amounts of petroleum products, paper or greases on rags. These wastes can be disposed of in the general trash dumpsters. In case of bulk trash such as construction debris, the COR shall be notified for proper disposal.

The Contractor shall strive to minimize the amount of general trash through minimization, reuse, and recycling. 

    C.3.9.4 Recyclables

The Contractor shall recycle their own consumables used such as high-grade white paper, aluminum cans, junk mail, cardboard, plastic, glass bottles, tin cans, used oil, antifreeze, scrap metal, toner cartridges and newspapers in accordance with existing site practices.

    C.3.9.5 Air Emissions

The air emission standards in the performance of work are described below.

    C.3.9.5.1 Refrigerants

The Contractor shall follow all regulations and practices for service methods, technician, systems and recovery equipment certification, disposal of equipment and appliances and record keeping in accordance with 40 CFR Part 82. The referenced regulation is available at http://www.access.gpo/nara/waisidx_03/40cfr82_03.html. 

        C.3.9.5.1.1 Inventory of Refrigerants

The Contractor shall develop a Refrigerant Management Plan for this contract in accordance with GSA and/or Federal regulations for the review and approval of the COR (within the first 20 calendar days of the Phase-In Period). The Contractor shall use the Refrigerant Compliance Manager (RCM), EPA-compliant software program or COR approved equivalent for data management of refrigerant usage and tracking. The Contractor shall update and maintain RCM concurrent with any Service Call and/or preventive maintenance performed on refrigeration systems. The Contractor shall produce any records or documentation for Government or EPA inspectors as required to validate EPA compliance. The Contractor shall enter data into the database any time any of the following events occur:

a.    A leak is detected;
b.   30-day verification inspection is performed indicating refrigerant is not leaking;
c.    Refrigerant is added; or
d.    Refrigerant is removed.

        C.3.9.5.1.2 Reclamation of Refrigerants

The Contractor shall use certified evacuation and recovery equipment in the reclamation of refrigerants. Refrigeration equipment turned in for disposal shall be completely emptied of refrigerants and labeled in accordance with EPA regulations. Proper documentation shall be maintained for each piece of refrigeration equipment prepared for disposal.

        C.3.9.5.1.3 Accountability for Refrigerants

The Contractor shall account for all refrigerants used. Audits of on-hand refrigerants and RCM shall be periodically conducted by the Government to verify that all refrigerants can be properly accounted for. The COR shall be immediately notified when refrigerants have been released to the environment or cannot be accounted for by the Contractor. The accountability records of refrigerants shall be provided to the COR at contract close out.

Leaks that exceed 35% leak rate and cannot be corrected within 30 calendar days must be reported to EPA through the COR.

    C.3.9.6 Hazardous Materials Management
    
      C.3.9.6.1 Emergency Planning and Community Right-to-Know Act (EPCRA)

The Contractor shall maintain records of all hazardous materials brought onsite in accordance with 40 CFR Part 370. The supporting records shall be maintained for a period of five years for auditing purposes. These records shall include a Material Safety Data Sheet (MSDS) for each hazardous material, as well as the following information:
•	Maximum amount of the material onsite on any one day of the year.
•	Average amount of the material stored onsite.
•	Quantity of material used during the calendar year.
•	Type of container used to store the hazardous material.
•	Storage location of the hazardous material.
Contractor shall make MSDSs readily available to any IRS or contractor employee who is, or may be exposed to the chemical.
The Contractor shall provide information needed by the Federal facility to comply with EPCRA, Pollution Prevention Act (PPA), and Executive Order 13423.
   
   C.3.9.6.2 Hazardous Materials Storage

The Contractor shall store hazardous materials in accordance with guidance contained in 40 CFR Parts 260-270. The Contractor shall limit the quantity of on-site hazardous materials to a 30-day supply required to perform all contract related activities. Flammable lockers shall be used for storage for flammable chemicals. Containers of hazardous materials shall be tightly sealed when not in use. Housekeeping shall be strictly enforced. Storage areas and lockers shall be maintained in a neat and orderly manner.

    C.3.9.7 Environmental Compliance

The Contractor shall comply with all applicable Federal, State and local environmental regulations and permits and the IRS Environment Management System (EMS) requirements (see TE-13). Copies of the EMS and all environmental permits may be obtained by requesting the information from the COR.

    C.3.9.8 Asbestos Containing Materials (ACM)

The building(s) covered by this contract may have asbestos-containing material (ACM). All known ACM locations in the building are listed in the comprehensive Asbestos Inspection Reports available from the COR. The requirements of this paragraph shall also apply to any other asbestos containing material discovered during the term of this contract. Any suspected ACM found during the course of this contract shall be immediately reported to the COR who will report all finding to the Safety Officer.  Any repair or removal of asbestos-containing material shall follow OHSA, State and EPA regulations.

      C.3.9.8.1 Repairs Where ACM is Present

The Contractor is not responsible for asbestos removal or abatement work for the sole purpose of asbestos removal or abatement. If a repair requires that ACM be removed to obtain access to the work, the Contractor is responsible for the removal of the asbestos. The Contractor shall immediately notify the COR of the situation in order to get approval to remove the ACM. The Contractor shall not remove any ACM prior to approval of the COR unless it is an emergency risking severe loss of property or the safety of IRS employees. The repair task shall be performed in two distinct phases: First, remove the asbestos in accordance with EPA and OHSA regulations and second, perform the original task. The repair task shall not be started until the interfering asbestos material has been properly removed.  Employees who remove asbestos in order to make repairs must be trained as Class III Asbestos Workers in accordance with 29 CFR 1910.1101.

      C.3.9.8.2 ACM Removal Standards

The Contractor shall be responsible for the removal or abatement of all asbestos-containing materials such as sediment dust, sprayed on applications or insulation, which are encountered and are incidental to the performance of repairs of a particular piece of equipment  as part of the Basic Services portion of this contract. This removal or abatement shall include the acquisition and payment of all required permits, as well as all protective procedures, air and bulk sampling, isolating the work area(s), protective clothing, asbestos training and certification, record keeping etc. All asbestos materials removed during the course of the maintenance or repair work shall be disposed of in accordance with EPA regulations and shall be replaced with non-asbestos materials of equal insulating and fire retardant properties (i.e., pipe lagging). 

      C.3.9.8.3 ACM Removal Documentation

All asbestos removed shall be properly documented and records kept in a permanent file. Asbestos records shall be made available to the COR/Asbestos Program Manager (APM) upon request. Upon final expiration/termination of the contract, all records will be turned over to the COR/Asbestos Program Manager.

      C.3.9.8.4 Coordination and Reporting

The Contractor shall coordinate in advance, all repair work in areas where ACM is present with the Government Asbestos Program Manager (APM) and COR. ACM shall not knowingly be disturbed by the Contractor without the approval of the APM and/or COR. Any damage/deterioration to the existing ACM shall be immediately reported to the APM and/or COR, for assessment and determination of need for repair.

    C.3.9.9 Air Quality Management District (AQMD) Operating Permits

The Contractor shall be familiar with the requirements of the local Air Quality Management District (AQMD), and shall be responsible for obtaining operating permits for boilers, generators and other emissions producing equipment regulated by the district and making copies available to the COR or designee. In the event of fines or penalties levied by an AQMD, this may result in contract payment reductions under the terms of the contract. 

    C.3.9.10 Aboveground Storage Tanks

The Contractor is responsible for complying with all federal, state and local requirements for the periodic inspection, monitoring, permitting, testing, certification and maintenance of aboveground storage tanks (USTs) and related equipment.  

Contractor employees who operate USTs must complete the state-required Class B training.  Contractor employees who respond to spills involving USTs must complete the state-required Class C training.  

    C.3.9.11 "RESERVED”

    C.3.9.12 Water Pollution Prevention

The Contractor shall have procedures and/or equipment in place to prevent spilled chemicals from entering the storm or sanitary drains at no additional costs to the Government.  The Contractor shall obtain written permission from the municipality to discharge any chemicals from the facility to the storm or sanitary drains.  If required, the Contractor will develop a storm water pollution prevention plan (SWPPP) for the facility. The Contractor shall apply for any water discharge permits that are required such as a National Pollutant Discharge Elimination System (NPDES) permit.

    C.3.9.13 Sustainable Building

As part of the operations and maintenance of the facility, the Contractor shall incorporate the sustainable practices in the Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings (Guiding Principles).  Contents of the Whole Building Design Guide can be found at www.wbdg.org and include clarification of requirements; related mandates; additional recommendations and considerations; and resources for implementation.

    C.3.9.14 Green Purchasing

When acquiring goods and services, the Contractor shall acquire green products including bio-based, environmentally preferable, energy-efficient, water-efficient, and recycled-content products.  The Contractor shall use paper of at least 30 percent post-consumer fiber content.  When acquiring an electronic product to meet facility requirements, the Contractor shall purchase Electronic Product Environmental Assessment Tool (EPEAT)-registered electronic products, unless there is no EPEAT standard for such product.

The Contractor shall give preference to the purchase of:
•	Recycled content products designated in EPA’s comprehensive procurement guidelines.
•	Energy Star® products identified by DOE and EPA, as well as FEMP-designated energy-efficient products.
•	Water-efficient products, including those meeting EPA’s WaterSense standards.
•	Energy from renewable sources.
•	Biobased products designated by the U.S. Department of Agriculture in the BioPreferred program.
•	Environmentally preferable products and services, including EPEAT-registered electronic products.
•	Alternative fuel vehicles and alternative fuels required by EPAct.
•	Products with low or no toxic or hazardous constituents.
•	Non-ozone depleting substances, as identified in EPA’s Significant New Alternatives Program.
  C.3.10 Phase-In, Contract Start, and Phase-Out
    C.3.10.1 Phase-In Planning/Staffing
Pursuant to Section F, Paragraph F.2, “Contract Term”, a phase-in period will be allowed the contractor to prepare for taking over contract services at MIRSC as of the contract start date.  

The Contractor shall implement an effective Phase-In Plan that ensures a timely start up.  Unless otherwise authorized by the CO, the Contractor shall implement its approved Plan submitted previously with its technical proposal. The Plan shall be in sufficient detail to identify all phase-in actions to effectively prepare the workforce to assume full operations as of the contract start date (first day of full operational performance).  

 Contractor’s personnel are expected to be on-site to observe all operations pertinent to the contract requirements.  The phase-in work and observations include observations of office functions, procedures, and operations, repair/maintenance operations and any other operations as deemed necessary by the Contractor. 
Contractor personnel shall be both knowledgeable and familiar with their assigned areas of responsibility prior to the contract start date.
    C.3.10.2 Existing Deficiencies Inspection
The purpose of this inspection shall be to discover and document any existing deficiencies that may exist in the equipment and systems covered by this contract prior to contract start date. A deficiency is defined as any condition, excluding PM (all preventative maintenance is covered in the Basic Services part of this contract) that requires repair costing more than $500, including materials and labor (up to the contract MOL). The Contractor shall be reimbursed for all approved costs per individual repair task authorized in accordance with Paragraph C.4 below. 
If, during the course of the inspection process, a condition is observed that the Contractor contends is a deficiency but the Government contends is not a deficiency, the CO will make the final decision after both sides have presented sufficient detailed information. Any disputed deficiency shall be identified in the report. The Government reserves the right to issue service calls as part of the Basic Services for the correction of any existing condition with a cost no greater than $500 in labor and materials. The Contractor shall provide a monthly report updating the status of each deficiency discovered during the existing phase-in inspection until all deficiencies are corrected and inspected and accepted by the Government.
      C.3.10.2.1 Inspection Process
The Contractor and the COR shall together make a complete and systematic initial inspection of all buildings and systems to be maintained under the terms of this contract on a mutually agreeable date during the last 15 calendar days of the phase-in period. This inspection will include but is not limited to all mechanical, electrical, plumbing and utility systems and equipment, windows, doors and any other system or structural features requiring maintenance and repair under the requirements of this contract.  
      C.3.10.2.2 Equipment Disassembly/Reassembly for Inspection Purposes
If during the inspection, the Contractor wishes to disassemble a piece of equipment in order to inspect its internal condition, the COR shall be notified and arrangements made in order to accommodate the Contractor. Any such internal inspection of equipment items or systems shall be accomplished solely at the Contractor's expense. If, during the disassembly or re-assembly of such an equipment item or system, any damage is done to the equipment, system or auxiliary equipment/piping/controls/etc., such damage shall be repaired at the Contractor's expense and the item or system returned to its pre-disassembled condition. If any deficiencies are noted during the performance of such an internal inspection, the deficiencies shall be appropriately noted on the inspection report and the equipment item reassembled to its pre-disassembled condition at the Contractor's expense.
    C.3.10.3 Inspection Documentation
The Contractor and the COR shall prepare an Existing Deficiency Report jointly while the inspection is being conducted. The Contractor shall be responsible for providing the COR with a final signed report in a format approved by the COR. The final report shall list all deficiencies noted during the joint inspection. Each individual deficiency shall be listed separately with an associated estimated cost to abate each deficiency. Each deficiency line item completed shall be initialed by the aforesaid representatives of both parties and each party shall retain one executed copy.
The Contractor shall prepare and submit to the COR, a copy of the Existing Deficiency Report with an attached listing of the repairs needed to correct each deficiency. The report shall be provided to the COR within 14 calendar days of the existing conditions inspection (See C.3.10.1 and C.3.10.2). The list shall include the Contractor's estimated price, (including but not limited to, labor, materials and/or subcontract costs), for correcting each deficiency. However, the COR may require the Contractor to provide individual cost proposals on repairs that are deemed by the COR to be urgent in nature within 24 hours of completion of the joint inspection. All prices shall remain firm for a period of 60 calendar days after submission. 
    C.3.10.4 Correction of Deficiencies
The Government may order corrections of existing repair deficiencies estimated to cost more than $500 per individual repair that were discovered during the phase-in, as Additional Services work (refer to Paragraph C.4.1.2 below), by other Contractors,  or by other means. 
The Contractor shall provide a monthly update report to the COR on the status of all cited deficiencies until such time as all deficiencies have been abated.  
    C.3.10.5 Responsibility for Normal Operations and Maintenance
The Contractor shall assume full responsibility for normal operations and maintenance of all building systems and equipment, whether they are included on the deficiency report or not, as of the contract start date (see C.3.10.6 below).
The Contractor shall immediately bring to the attention of the COR during the joint inspection any systems or equipment that are considered inoperable and thus it is deemed impossible to provide normal operations and maintenance on such systems and/or equipment.  Subsequently, when the Government has corrected an inoperable deficiency listed in the Existing Deficiency Report, the Contractor shall assume full responsibility of the equipment. Any and all deficiencies that are discovered after the contract start date shall be assumed to be conditions that developed after the contract start date and therefore, shall not be deemed a "pre-existing" condition and thus the Contractor shall be responsible for all such repairs in accordance with this statement of work. Nothing in this Existing Deficiency requirement shall be construed as diminishing the obligations imposed by this contract upon the Contractor to operate any deficient item to the maximum extent operable or to maintain any such item until such time as the Government corrects the deficiency. 
    C.3.10.6 Contract Start
The Contractor shall assume full responsibility for facility operation and maintenance services in accordance with contract terms outlined herein as of the contract start date, to be identified by the CO at time of contract award (refer to Section F, Item F.2, Contract Term). Hence, the Contractor shall provide a work force that is fully qualified and capable of performing all work required under the contract at that time.  
    C.3.10.7 Phase-Out
During the 60 calendar day period immediately prior to the end of the contract,  the  Contractor shall permit the new incoming Contractor and its employees to observe and become familiar with all operations under the contract. 
The Contractor shall not defer any needed repairs or maintenance for the purpose of transferring responsibility to the new incoming Contractor. The Contractor shall fully cooperate with the new incoming Contractor and the Government so as not to interfere with their work or duties.
      C.3.10.7.1 Contract Close-Out Inspection
On a date not later than 60 calendar days prior to the expiration of the contract, unless mutually agreed by the COR and Contractor, the COR and the Contractor shall make a complete and systematic joint inspection of the Contractor’s areas, Government furnished equipment, mechanical rooms and building systems and equipment covered by this contract. The COR and the Contractor shall identify all deficiencies other than normal wear and tear that need to be corrected by the Contractor before the expiration of this contract. The Contractor shall ensure that these areas/equipment/mechanical rooms are in a condition equal to or better than when the Contractor began this contract. 
      C.3.10.7.2 Inspection Documentation
The Contractor shall submit a copy of the final inspection report (signed by both parties); with attachments listing all required repairs to be completed by the Contractor, not less than 30 calendar days before the expiration of the final contract period. However, the COR may require the Contractor to make certain repairs immediately, on items that are deemed by the COR to be urgent in nature. 
      C.3.10.7.3 Deficiency Correction
The Contractor shall correct all of the cited deficiencies noted in the Close-Out Report before the expiration of this contract. Final payment to the Contractor may be withheld until all cited deficiencies are corrected.
  C.3.11 Quality Control Plan (QCP)
The Contractor shall establish an effective Quality Control Plan (QCP) that ensures all contract requirements are satisfied as specified. The Contractor shall submit a copy of their QCP, and any modification thereto, to the COR for the CO’s approval. 
The QCP shall be a proactive plan for identifying and correcting deficiencies in the quality of services before the level of performance becomes unacceptable and/or the Government quality assurance inspectors point out the deficiencies. The Contractor shall execute an annual review and update of its QCP to reflect all changing quality control issues that need to be addressed. 
The QCP is of paramount importance and shall be monitored for effectiveness throughout the life of the contract. . 
    C.3.11.1 Inspection System
The Contractor shall maintain an up-to-date QCP throughout the term of this contract that is acceptable to the COR. The program shall include, but is not limited to, an inspection system that is tailored to the specific building(s) and equipment covered under the terms of this contract and covers all services specified herein. The Contractor shall devise a monthly inspection process. 
    C.3.11.2 QCP Personnel
During the phase-in period, the Contractor shall identify all on-site personnel who will be performing routine QCP inspections by name, title, and type of inspection each is authorized to perform. All QCP inspections shall be performed by supervisory personnel or work leaders.
    C.3.11.3	Annual Executive Quality Control (QC) Inspection
The Contractor shall perform an annual Quality Control Inspection of the Contractor operations each year. The annual QC inspection shall be performed by the program manager at least one level above the on-site project manager. A report of the findings from the program manager shall be provided to the COR along with proposed corrective actions, not later than 15 calendar days after completion of each inspection.
    C.3.11.4		QCP Documentation
A local file of all inspections conducted by the on-site Contractor personnel including corrective action taken shall be maintained on-site by the Contractor throughout the term of this contract. A hard and electronic copy of all QCP inspection reports shall be submitted to the COR upon request. 
    C.3.11.5   Reserved
  C.3.12 Government Quality Assurance Program

The Government may inspect the Contractor using a Quality Assurance Surveillance Program (QASP) and performing 100% inspections, random inspections, scheduled and unscheduled inspections or any other method of inspection the Government determines necessary.

As part of the Government’s quality assurance program, the Government may:

a.	Review and if warranted, reject any reports or other submittals required from the Contractor.
b.	Review performance and service records, including but not limited to Monthly Progress Reports, BAS data, CMMS data and any computerized or hardcopy records maintained by the Contractor, documenting performance under this contract and require correction of any unsatisfactory conditions noted.
c.	Review the adequacy of the Contractor’s quality control program and documentation and the success of this program. Improvements may be directed by the COR if the program is determined to be insufficient or ineffective.
d.	Make physical inspection of facility equipment and systems, mechanical and electrical rooms, to include programs and files maintained on Contractors computers and in Contractor on-site offices and work areas and require correction of deficiencies noted.
e.	Perform inspections with Government personnel or independent third-party inspectors.
Contractor performance will be evaluated on the basis of the performance success or deficiencies, success or failure in meeting other contract requirements and the Contractor’s record of correcting deficiencies when noted. While corrective actions will be noted, a record of significant performance deficiencies may lead to a performance evaluation that is less than satisfactory even if the Contractor takes corrective action.

The use or non-use of any Quality Assurance methods (e.g., a Measurement and Verification (M&V) program) by the Government will not constitute a waiver of or excuse from contract requirements. The Government may implement or change Quality Assurance measures at any time during the term of the contract.  

All records and files that this contract requires the Contractor to maintain shall be made readily accessible to Government representatives, including third-party contract inspectors, upon request. All records and files utilized or generated during the course of the contract by the Contractor including all standard operating procedures and Building Operating Plans, shall become the property of the Government. (Excludes employee personnel files or company financial information) 

The Contractor shall instruct all on-site personnel to cooperate with the Government or third-party contract inspector requests for records access or information, to include answering all questions related to performance of work, honestly and comprehensively.  

The Contractor shall provide personnel during normal working hours and for after-hours access, to inspectors, including third-party contract inspectors, to open and operate equipment for the observation of such inspectors, at no additional cost to the Government so long as the Government requests the service at least 48 hours in advance and so long as after-hours access and operation of equipment is only requested for testing reasonably necessary to be performed after hours to avoid possible disruption to tenants.  
  C.3.13 Contingency Plans
The Contractor shall implement an effective Contingency Plan. The contractor’s Plan shall be submitted to the COR for review and approval within first 30 calendar days of contract Phase-in.   
The Contingency Plan shall address how the Contractor will mitigate the planned and unplanned events and situations described below. The plan shall describe the response (both initial and subsequent) to the situation to ensure continued operations, identify the potential resource requirements, identify how additional resources will be obtained and describe the processes or approaches of communication and coordination needed with the Government regarding the following:
a.	Recruitment and hiring difficulties,
b.	Strikes by employees and/or Sub-Contractors used in support of the PWS,
c.	Natural and man-made disasters,
d.	Adverse weather conditions.
  C.3.14 Required Reports and Submittals
The Contractor shall submit the data, reports, schedules, plans and items identified in Technical Exhibit TE-6 to the COR for approval or action as applicable, no later than the dates specified therein. In addition, the Contractor shall submit a Monthly Progress Report that includes the data as shown in TE-6 by the 5th work day of the month following the performance period. All annual submittals and deliverables required shall be provided to the COR in hard and electronic format during the first 45 calendar days of each new Fiscal Year for each option period. 
  C.3.15 Partnering
The Government intends to encourage the foundation of a cohesive partnership with the Contractor. The partnership will be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objectives are effective and efficient contract performance, on schedule, customer-focused service and in accordance with the contract documents. This partnership will be multilateral. Any costs associated with effectuating this partnership (time of the attending personnel, cost of transportation and lodging) will be borne by each project partner for their firm with no change in contract price. The cost of partnering meetings, including the facilitator, meeting room, supplies, etc., will be borne by IRS. 
It is anticipated that a one-day kick-off-partnering meeting will be held during the first 30 calendar days of the phase-in period.  The kick-off meeting will culminate in the development and establishment of a mutually satisfactory set of goals and objectives beneficial to all team members that are within the terms and conditions of the contract, without changing contract terms. All Contract goals and objectives shall be mutually agreed to in writing by the Contractor and Government.  Minutes of the kick-off meeting will be documented by the Contractor (within 15 calendar days) and reviewed and approved by the Government COR. In addition, a quarterly partnership meeting may be requested by either party to be held during January, April, July and September each fiscal year that the contract is in effect.  The Quarterly meetings will be located at the contract site and  be attended by the COR and Project Manager. Additionally, key Government officials and Contractor’s key local and  corporate office personnel will attend, as deemed appropriate. Minutes of the Quarterly Partnership meeting will be documented by the Contractor (within 15 calendar days) and reviewed and approved by the COR. 
Unless otherwise directed by COR, weekly on-site progress meetings between the COR and Project Manager will be held throughout the duration of the contract to discuss progress in meeting current goals, contract performance, status of Additional Services work projects, and other contract related issues. . Weekly meeting minutes will  be documented by the contractor COR (within 2 business days) and reviewed by the Contractor. 
The purpose of the meetings is to discuss facility operation and maintenance.  No changes shall be made to contract terms and conditions without the CO’s prior written approval through issuance of a contract modification.
  C.3.16 Warranties
A list of warranties in effect will be provided to the Contractor during the phase-in period. The Contractor shall serve as the POC and coordinate all building and equipment related warranty issues. The Contractor will ensure new warranties obtained while in performance of this contract are placed in the name of the Government to ensure that the warranty (where applicable), extends beyond the term of the contract with the Contractor. The Contractor shall be fully responsible to execute all existing and new warranties that are building related and to keep the Government advised in writing of any warranty issues in dispute by the manufacturer. If the Contractor has difficulties in enforcing warranties with a specific manufacturer, the COR will attempt to help the Contractor resolve disputes with the manufacturer. Should the Contractor’s action nullify a warranty, the Contractor shall assume responsibility for all systems, equipment and related work until the warranty expires. If the actions of the Contractor nullify a warranty that would have extended beyond the term of the contract with the Contractor, the Contractor is responsible for all costs associated with restoring the original warranty with the manufacturer or providing an acceptable alternative warranty with a third party. The third party warranty must be sufficient to offset the loss of the original warranty.
  C.3.17 Computerized Maintenance Management Systems (CMMS)
The Government will provide the Contractor access to the Government’s CMMS and database.  The contract shall effectively use the CMMS to accurate track and document all contract activities and deliverables regarding operations and maintenance.  The Contractor shall be responsible for the data entry and accuracy of all information inputted into the CMMS database. The specific CMMS to be used under the terms of this contract is Archibus.    
The Contractor will be responsible for securing Annual Software Maintenance from the CMMS software vendor (Archibus) for the duration of the contract at no additional cost to the Government.  This shall include licenses, toll-free phone support, and all new software upgrades.  

  C.3.18 As-Built Drawings
When the Contractor is provided plans or drawings as part of a Service Call or Task Order, the Contractor shall be responsible for providing one copy of marked up “red line” drawings to the COR, reflecting the changes due to the Contractor's efforts. The Contractor shall provide these drawing mark-ups under Basic Services (the Firm Fixed-Price portion of the contract). These drawings shall be submitted prior to closing out the Service Call or prior to submittal of the Contractor’s invoice in the case of a Task Order.
  C.3.19 Work Performance, Coordination and Scheduling
The Contractor shall schedule and arrange work so as to cause no interference with the normal occurrence of Government operations without advance approval, in writing from the COR. In those cases where some interference may be essentially unavoidable, the Contractor shall work with the COR to minimize any impacts on Government operations and shall provide a written plan of action to the COR for approval detailing how the impact of the interference, inconvenience or customer discomfort will be minimized. During emergency situations, the COR may grant verbal approval for work to proceed and it will be followed up in writing within 24 hours.
    C.3.19.1 Routine Work Coordination
For routine work and Additional Services, the Contractor shall notify the COR,  customer and coordinate a time period for performing the work a minimum of 24 hours prior to the desired start of work that will cause minor disruption of customers (i.e., minor power outages, loss of heat or cooling for a short duration, dust, noise). The request must be approved in writing (email) by the COR before any action is taken that would disrupt any Government operations.
    C.3.19.2 Facility Outages Coordination
Certain preventive maintenance and certifications require a complete facility power outage and total disruption of work to the Government. These outages are normally scheduled for one or more Holidays and weekends. The Contractor shall coordinate a scheduled date with the COR a minimum of 60 calendar days prior to the desired date to perform the work. The Contractor shall provide a written Outage Plan to the COR specifying all PM and repair work to be performed during the outage and the responsible party who will be performing each activity for the COR to review and approve. The work shall not begin nor be performed with out the prior written approval of the COR.

C.4.    ADDITIONAL SERVICES
Contract terms outlined in Section G, Item G.2, “Additional Services Ordering, Performance, and Payment Procedures” apply to ALL Additional Services work.
Only the Contracting Officer and the Authorized Ordering Official delegated in writing by the Contracting Officer are authorized to order Additional Services. Unless and until changed by the CO, the COR is authorized to serve as the Authorized Ordering Official based on the limitations set forth in Section G, Item G.2.  
FAR Clauses 52.216-18, Ordering, and 52.216-19, Order Limitations, apply to Additional Services. Refer to Section I, Clause 52.216-19 for Maximum Ordering Limitation(s) (MOL) applicable to Additional Services work. 
Task Orders will be priced as either firm-fixed-price and/or time-and-materials, based on approved pricing methodology outlined herein, and based on the applicable labor-hour rates contained in the Price Schedule (Section J, Exhibit B-1).
  C.4.1 Types of Additional Services
    C.4.1.1 Repair Requirements (Service Call Work) exceeding $7,500
a.   The contractor is responsible for the first $7,500 for all repairs to all equipment included as part of this contract regardless of whether or not the equipment is repaired by replacing component parts of the system or by replacing the entire system (when the replacement is initiated by the contractor due to the system being obsolete or impossible to repair).  Work includes labor, materials, subcontracts and specialized equipment to complete repair service calls when the cost for the service call exceeds $7,500 for each individual repair task.  
b.    If the contractor proposes to make a repair to equipment by replacing component parts of the system but the Government directs the contractor to upgrade the system or repair the system by replacing the entire system (due to the risk of a unscheduled outage affecting Government operations and/or energy efficiencies that may be gained), the contractor shall replace the system as directed by the Government in the Task Order. In this case however, the contractor shall not be responsible for the initial $7,500 in repair costs.  The Government COR reserves the right to make the final determination of when a piece of equipment, system, or building infrastructure needs to be replaced.  When a decision has been made by the Government that replacement is necessary, the COR will request a cost proposal from the contractor to effect the replacement.
     C.4.1.2 Correction of Deficiencies Identified During the Phase-In Inspection
Work includes labor, materials, subcontracts and specialized equipment to complete repair deficiencies identified during the phase-in inspection. The Contractor is responsible for payment of the first $500 of each individual repair.
     C.4.1.3 New Project Work
Work includes, but is not limited to, building infrastructure upgrades and construction activities as follows: new electrical, mechanical, plumbing and HVAC system modifications, building equipment replacements, painting, building structural and carpentry enhancements and any other building/construction -related services as may be requested by the COR.
     C.4.1.4 Snow Hauling
Contractor may be required to either haul excess snow to a remote area of the grounds or to an off-site location. All snow hauling services shall have prior approval from the COR before any hauling services are undertaken by the Contractor. The Contractor’s use of a dump truck with driver and use of a loader with operator shall be documented in the IRS Security log (located in the Security area to be identified by the COR). 

    C.4.1.5 Painting and Corrosion Control Exceeding 200SF

Painting requirements outlined in Paragraph C.3.1.8 that exceed 200SF per request will be subject to Additional Services ordering procedures.  These requirements include, but are not limited to, interior and exterior surfaces (e.g. ceilings, walls, partitions, doors and trim, windows, floors, foundation, roof, walls, windows, doors and trim), as well as structural coatings for surfaces such as mechanical and electrical equipment, structural members, towers, tanks, pipes, utility appurtenances, poles and antennas. Painting may also include performing wholesale road and parking lot striping.
All painting, to include paint type and color, is subject to the COR’s prior written approval.
  C.4.2   Proposals
a.    The Contractor shall plan all Additional Services work and perform complete proposal development activities including cost estimates at no additional cost to the Government. 
b.   The Government’s request for proposal will be in the form of an e-mail, or other written format, issued to the Contractor by the Authorized Ordering Official. 
c.   Each proposal shall be valid for a minimum of 60 calendar days from the proposal submission date to the Task Order issue date. 
d.   The Contractor shall provide written recommendations for revisions, alternative methods or deviations from the Government's scope of work as described in the  Government’s request for proposal, where deemed appropriate and in the Government’s best interest. The Contractor's recommendations shall be narrative descriptions, drawings or sketches and shall include references to technical specification requirements. The COR will review the recommendations and will approve or disapprove in whole or in part, for use in the execution of work. 

e.   The Contractor and Authorized Ordering Official will negotiate a fair and reasonable price for each task order. If the cost proposal is in dispute and no satisfactory agreement can be reached, the CO will make the final determination of all costs required to complete the task and may direct the Contractor to perform the work while negotiations proceed. If the CO and the Contractor are still unable to reach agreement on the task scope of work, terms, conditions, schedule and/or  price  and the work has been completed, the Contractor may opt to seek reimbursement for services rendered through the disputes clause of this contract (See FAR 52.233-1 Disputes).  

f.    The Government reserves the right to cancel the request for proposal or procure the services from other sources at any time. 

g.   Unless otherwise specified by the Authorized Ordering Official, the Contractor shall submit all proposals within the following time frames as shown below:

Priority of Request	
Proposal Submittal Timeframe 	
Emergency	3 calendar days	
Urgent	5 calendar days	
Routine	15 calendar days	
  C.4.3 Cost Proposals
    C.4.3.1 Labor Hours and Cost Estimate
The Contractor shall prepare a labor hour estimate using industry accepted estimating procedures and man-hour data from the appropriate R. S. Means Estimating guide (as a primary), or other appropriate estimating sources approved by the CO (as a secondary). The Contractor shall submit all back-up sheets with the estimate including a listing of all operations and supporting data for all estimates. 

Labor to be performed by any of the trade/labor categories outlined in the contract Price Schedule (to include subcontractors), shall be priced based on the contract’s applicable fixed labor-hour rate (refer to Section J, Exhibit B-1, Price Schedule). The total labor cost estimate shall be determined by totaling the individual trade labor hours multiplied by the applicable labor rate identified in the contract Price Schedule.

When authorized to perform Additional Services work, the Contractor shall ensure that each service employee, to include mechanics and sub-contractors, signs in and out on a log established by the COR for contract administration purposes, or other approved method for tracking labor hours.  

    C.4.3.2 Material Estimates

a.    For the purposes of this contract, Materials (as defined in FAR 52.232-7) means— 
1.  Direct materials, including supplies that are used or consumed directly in connection with the furnishing of the end product or service;
2.  Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;
3.   Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); and
4.  Applicable indirect costs (i.e. for the purposes of this contract, contractor’s applicable Material Loading Factor identified in Section B, Price Schedule will be used).

b.   The Contractor shall prepare material cost estimates using an approved R.S. Means Estimating Guide, or actual vendor quotes, as approved by the COR. Material estimates shall include a detailed bill of materials establishing the size, quality, number of units and unit prices. Material prices shall be the lowest price available considering the availability of materials and time constraints of the job. 

c.   Material “bare” costs based on R.S. Means will be adjusted by the contractor’s applicable Coefficient Rate (+/- %) identified in the Price Schedule, Section B.

d.   Material costs based on vendor quotes shall be determined through competitive quotes.  At least three competitive quotes shall be obtained and the lowest one used as the estimate in the cost proposal, unless otherwise authorized in writing by the CO on a case-by-case basis.  The government reserves the right to request additional quotes for materials on a case-by-case basis.  The Authorized Ordering Official may waive an individual requirement for competitive quotes where the cost to the Government does not exceed $3000.

e.   To the extent able, the Contractor shall—
1.  Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and
2.  Take all cash and trade discounts, rebates, allowances, credits, salvage, commissions, and other benefits. When unable to take advantage of the benefits, the Contractor shall promptly notify the Contracting Officer and give the reasons. The Contractor shall give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that have accrued to the benefit of the Contractor, or would have accrued except for the fault or neglect of the Contractor. The Contractor shall not deduct from gross costs the benefits lost without fault or neglect on the part of the Contractor, or lost through fault of the Government.

f.      The Government always reserves the right to furnish material. Such material may be furnished to the Contractor as Government Furnished Material (GFM). 
 
g.    Contractor’s approved material loading factor identified in the Price Schedule, Section B, will be allowed in accordance with FAR 52.232-7 on Contractor-procured materials. 

h.    No Contractor markup will be allowed on Government furnished materials. 

    C.4.3.2.1 Specialized Equipment Rental Estimates
Estimates for specialized equipment may be added for a specific one-time project requirement if not included in other portions of this contract. The Contractor shall use actual vendor quotes, as outlined in C.4.3.2 above. Equipment rental estimates shall include a detailed price list stating size, capacities, quality, number of units and unit prices. Equipment rental estimates shall be based on the lowest prices available considering the availability and time constraints of the job. At least three quotes must be obtained and the lowest one used as the estimate in the cost proposal. Cost for equipment operators when separate operators are required, shall be estimated on a labor hour basis unless operator cost is included in the equipment rental price. 
    C.4.3.2.2 Sub-Contractor Work

Work that the Contractor proposes to subcontract shall be identified in the  proposal. . At least three competitive Sub-Contractor quotes shall be obtained, as outlined in C.4.3.2 ,and the lowest one used as the estimate in the cost proposal, unless directed otherwise by the CO. In unusual circumstances, with agreement of the CO, the Contractor may provide less than three quotes (must be justified in writing by the Contractor and approved by the CO. 

All original quotations from Sub-Contractors must be included with Contractor’s proposal submitted to the Government. The Contractor may consider and propose cost/technical tradeoffs as part of the selection and negotiation process for Sub-Contractor services. The Contractor should state the rationale for all tradeoff recommendations. However, the final decision as to whether or not to select a higher bid due to a recommended tradeoff rests solely with the CO.

If the Government deems that Contractor quotes are incomplete and/or not a fair and reasonable price, the Government reserves the right to request additional quotes from the Contractor on a case-by-case basis and/or acquire services by other means. Unless the service request is deemed an emergency by the Government, the Contractor may not commence with the effort until negotiations are completed.  

If the Contractor enters into any subcontract that requires consent under FAR 52.244-2, Subcontracts, without obtaining such consent, the Government is not required to reimburse the Contractor for any costs incurred under the subcontract prior to the date the Contractor obtains the required consent.  Any reimbursement of subcontract costs incurred prior to the date the consent was obtained shall be at the sole discretion of the Government.

  C.4.4 Consequences of Failure to Provide Cost Proposals
Failure of the Contractor to provide cost proposals on a timely basis (as stated in paragraph C.4.2) may result in the Government using separate acquisition methods to provide these services and/or execute contract deductions from the Contractors monthly payment.  
  C.4.5 Establishing Final Price and Schedule for Task Orders
a.    The Contractor’s detailed cost proposal will be evaluated to determine whether: (a) the scope has been clearly and accurately identified, (b) the task hours have been properly estimated with supporting data presented and (c) material estimates are reasonable and properly documented, and (e) a firmed-fixed-priced (FFP) or time-and-materials (T&M) type Task Order is appropriate for award. A FFP Task Order is the preferred acquisition type.  However, in cases where a FFP is unsuited for the work being ordered, a T&M Task Order will be issued.  Payment under T&M task orders will be based on the actual number of labor hours rendered plus contractor’s cost of materials, pursuant to FAR 52.232-7, Payment Under Time-and-Materials, Labor-Hour Contract.   A ceiling price, which the contractor exceeds at its own risk, will be established for each T&M Task Order. 

If the evaluation elements above are met, the Authorized Order Official may issue a task order without discussions. If the above elements are not met, the Authorized Ordering Official may negotiate with the Contractor until an agreeable scope of work, terms and conditions and/or price estimate are reached. If urgency situations exist and the parties cannot agree on the task order terms, including price, the CO may direct the Contractor to perform the required work and the Contractor shall proceed diligently with performance as called for in the task order (See FAR 52.233-1 Disputes). 

b.    All  Task Orders shall be scheduled and completed within the allowable completion time  established during negotiations. 

c.    The Contractor shall, within 3 calendar days of receipt of an approved Task Order, submit a detailed performance schedule in accordance with the negotiated time frame in the approved Government issued Additional Services Task Order. The schedule shall identify all critical milestones. The COR may waive the requirement for a schedule for simple projects. 

d.    If work cannot be accomplished due to circumstances beyond the Contractor’s control, the Contractor shall request a schedule extension as soon as the need for an extension becomes apparent. Upon review of this request, the CO may extend the completion date of the Task Order to allow a reasonable amount of time for completion if warranted.

e.    The CO at his/her discretion, may cancel the project or obtain the services through other means.

  C.4.6 Changes to the Scope of Work in Task Order
If during the course of work, the Contractor encounters unforeseen conditions which impact the work and which could not have been foreseen during the initial proposal development, the Contractor shall contact the CO and COR immediately and shall not proceed without CO’s authorization. The CO will direct the Contractor to (a) estimate the change of scope for the unforeseen condition only or (b) prepare a new proposal/estimate for the total job as revised. 

Revisions to schedules shall be negotiated with the CO. The CO will review the estimate and scope of work and (a) issue a modification to the Task Order for the change in scope or (b) cancel the original Task Order and issue a new Task Order for the total job as revised. If the CO directs the Contractor to stop work, the Contractor shall clean and secure the work site. 
  C.4.7 Reports
The Contractor shall provide a monthly report to the COR that summarizes the status of all outstanding Additional Services task orders. This includes all quotes that have been requested by the Government as well as all open  task orders that have been awarded or closed during the month. The report shall include: 

•	Building number(s) for work,
•	Brief description of Work to be performed,
•	Task Order number,
•	Completion Date Required,
•	Completion Date Anticipated,
•	% Complete,
•	Project Status,
•	Remarks.

C.5.  GOVERNMENT FURNISHED ITEMS
  C.5.1 Government Furnished Space
The Government will provide the space shown in Technical Exhibit TE-7, Government Furnished Items. The space shall be for the exclusive use of the Contractor to perform work associated with this contract.
    C.5.1.1 Keys to Government Facilities
The Contractor will be given keys and combinations to the facilities’ locks to facilitate performance of work. The Contractor shall establish a key control system to ensure that no keys issued to the Contractor by the Government are lost, misplaced or used by unauthorized persons. Government keys shall not be duplicated by the Contractor without the COR’s authorization. The Contractor shall report to the COR any occurrence of a lost key within one hour of discovery of the loss. If the Contractor loses any Key(s), the Contractor is responsible for changing or re-tumbling all affected locks and must provide the appropriate keys at Contractor’s sole expense. In the event a master key in the Contractor’s possession is lost or stolen or duplicated, all locks and keys for that system will be replaced at contractor’s expense. All new locks shall fit existing master key system and be keyed to fit keys for the new locks being replaced.
    C.5.1.2 Authorized Use and Access to Spaces
The Contractor shall prohibit the use of Government-issued keys by any person other than authorized Contractor employees. The Contractor shall not permit entrance to locked areas of any person other than Contractor personnel engaged in the performance of work in those areas or personnel assigned to the activity where the Contractor is performing work, without written authorization by the COR.
    C.5.1.3 Technical Publications
The Government will provide all currently available technical manuals and bulletins associated with the installed equipment. The Contractor shall maintain a comprehensive reference library that includes building design or record documents, renovation or equipment retrofit design or maintenance reference documents, fire protection system as-built drawings, fire protection system operations and maintenance manual with copies of approved submittals, fire protection system parts list, fire protection system zoning scheme, the HVAC Operations Manual (if one has been developed), the Building Operating Plan, Energy and other building technical studies, hazardous materials surveys and other documents necessary to document the design, function and condition of the building. All materials maintained in the library are the property of the Government in the event of contract termination and/or completion and shall be available for reference and review during the course of contract performance.
  C.5.2 Government Furnished Materials (GFM) & Material Inventory
The Government will furnish or make available to the Contractor, on a one-time basis, the material of the types and in the approximate quantities listed in Technical Exhibit TE-7. At the end of Base Period and after each option period thereafter exercised by the Government, the Contractor shall document and certify that the GFM inventories are equal to the original quantities. The Contractor shall update the inventory of GFM 30 calendar days before the contract expiration date. Upon contract expiration, all GFM shall be returned to the Government in like qualities and quantities in original condition. 

The on-hand materials listed in the Technical Exhibits will be made available to the Contractor. The Contractor and the COR shall conduct a joint inventory before commencing work under this contract to verify the exact amount of the Government furnished materials. The Contractor shall then certify the findings of this inventory, assume accounting responsibility for all materials supplied and shall replace in kind (at Contractor's cost) all items used. Upon completion or termination of this contract, a second joint inventory shall be conducted to ensure replacement of all Government furnished materials. The Contractor shall be held liable for all missing materials.
  C.5.3 Government Furnished Equipment
Government-furnished equipment available to the Contractor is outlined below.  Such equipment will be in "As-Is" condition and in the quantities listed in Technical Exhibit TE-7.   Contractor shall maintain and repair such equipment to ensure that it remains in proper and reliable operating condition. At the close of the contract performance period, the Contractor shall return equipment of like type and quantity, less fair wear and tear, to the Government.
    C.5.3.1 Office Furnishing, Minor Tools, and Shop Fixtures
The Government may provide limited office furnishings. No inventory will be provided. 
    C.5.3.2 Use of Government Property
Should the Contractor choose to use the Government furnished equipment, periodic servicing, maintenance and repair of the equipment and tools listed shall be provided at no cost to the Government. During execution of the work, the Contractor shall protect Government property from damage. The Contractor shall repair or replace as applicable, any damage to Government property resulting from work performed under this contract at no cost to the Government. The Contractor shall repair damage to Government property resulting from operational errors or failure to maintain, repair or inspect equipment as required under this contract at no cost to the Government. The total or partial breakdown or failure of the Government furnished equipment shall not relieve the Contractor of responsibility to fully perform the work of the contract. Upon completion or termination of the contract, all Government owned equipment shall be returned to the Government in the same condition as received, except for normal wear and tear. Equipment, which becomes worn out due to normal wear and tear, shall also be returned to the Government. 
    C.5.3.3 Equipment Inventory
The Contractor and the COR shall conduct a joint inventory before commencing work under this contract to determine the exact number and serviceability of Government furnished equipment. The Contractor shall then certify the findings of this inventory assume accounting responsibility and subsequently report inventory discrepancies to the COR. Government furnished equipment shall not be removed from the facility unless approved by the COR in writing.
    C.5.3.4 Computers
Computer workstations with network connections, appropriate interface with the CMMS and standard Microsoft Office software and printers will be made available to the Contractor for use in the performance of this contract. Regardless of the serviceability of the above mentioned Government Furnished Equipment, the Contractor shall remain fully responsible for accomplishing all work requirements identified in this contract. The Contractor shall be responsible to furnish all additional equipment as may be required in order to accomplish all contract requirements at no additional cost to the Government.
  C.5.4 Government Provided Services
The Government will provide the following service to the Contractor at each location.
    C.5.4.1 Utilities
Utilities for Government furnished facilities will be provided from existing outlets at no cost to the Contractor. Utilities are limited to electricity, water, heat, air conditioning, local telephone service with access to the local area network, FTS and Internet connectivity (no facsimile line) and sewerage. The telephones, Internet access and Internet connectivity are for official contract use only. 
    C.5.4.2 Fuels
The Government will provide all fuels associated with utilities heating and cooling, emergency generators and fire pumps. The Contractor shall notify the COR in writing when the level of fuel in any tank reaches 50% of full capacity. The Contractor shall be responsible for acceptance of the fuel from Government delivery points and ensuring the safe delivery of the fuel to the applicable item of equipment. When directed by the COR, the Contractor shall test fuels and provide fuel additives as necessary. The Contractor shall provide fuel for Contractor owned vehicles. The Contractor shall abide by the IRS SPCC in place.

Fuel Oil Treatment:
a.    The Contractor shall provide equipment, chemicals and services, including application, required to prevent sludge formation in storage tanks, fuel lines, pumps, screens, filters, valves and nozzles.
b.    (1) The Contractor shall provide equipment, biocide chemicals, labor and Services, including application, required to prevent biological growth in storage tanks, fuel lines, pumps, screens, filters, valves and nozzles.
(2) The Contractor shall submit within 15 workdays after the start of contract to the COR, for approval, product information covering the fuel oil treatment the Contractor proposes to use.  The Contractor will notify the COR before changing treatment products and will obtain his/her approval before proceeding.
(3) The fuel oil treatment supplied by the Contractor shall be one that is specifically formulated for that purpose.  The appropriate amount of treatment shall be added each time fuel oil is delivered.
c.    The Contractor shall submit a report annually to the COR stating the results of a laboratory test conducted to determine the type and quantity of biological grow in the fuel oil system and treatment required within 15 business days after completion of test.  A follow-up report shall be issued noting treatment applied.

    C.5.4.3 Housekeeping Services
Limited custodial services will be made available at no cost to the Contractor. Custodial services provided include cleaning and stocking of restrooms and floor cleaning and trash removal of the main office area.  No other services are provided.
    C.5.4.4 Grounds Maintenance and Refuse Removal
The Government will provide grounds maintenance. All refuse removal services will be provided by the Government with the exception of the removal of hazardous waste generated by the Contractor.
    C.5.4.5 Security and Fire Protection
For all sites, the Government will provide security police and fire protection to the extent necessary to ensure security and safety.
C.6.  CONTRACTOR PROVIDED ITEMS
The Contractor shall furnish all supplies, materials, tools and equipment necessary for the performance of the work required by the contract unless otherwise specified herein.
  C.6.1 Materials
The Contractor shall provide items required to maintain the structures, equipment, systems and subsystems covered by the contract in a functional state. Any replacement part used during the course of the contract shall be the identical make and model of the part being replaced. If the identical part is no longer available, a comparable replacement part may be used if approved by the COR. This approval shall be received prior to installation of the replacement part. The Contractor shall maintain a stock of expendable supply items on site or arrange for delivery of supply items such that performance of contract services is not delayed. Lack of available expendable parts or material shall not be cause for authorization of delays in completing repairs or services. All Material Safety Data Sheets (MSDS) associated with materials shall be maintained on-site and made available to the COR upon request.
  C.6.2 Communication Equipment
The Contractor shall arrange for the installation, at their expense, additional private outside business phone line(s), including instruments, for use in making business and personal calls outside the building and for Internet services. All communications equipment shall be provided by the Contractor such as telephones, pagers, cell phones, etc. (except for Government Furnished Radios).
  C.6.3 Drawings
Any and all drawings and/or schematics developed by the Contractor for any of the equipment, systems or subsystems covered by the contract shall become the property of the Government, a reproducible copy of which shall be supplied to the COR upon completion. In addition, the Contractor shall update (“red line”) current Government facility drawings to reflect any changes resulting from work accomplished by the Contractor during the course of this contract.
  C.6.4 Personal Protective Equipment
The Contractor shall supply proper employee protective clothing, footwear, gloves, head gear, ear plugs, safety eye wear (not prescription lenses), etc., as required for the maintenance tasks required under this contract.
  C.6.5 Uniforms
The Contractor shall ensure that all employees wear the required uniforms (shirt, long pants) with the Contractor’s and employee’s name permanently attached to the shirt. Uniforms (color and type) shall be approved by the COR. All Contractor personnel performing under the contract shall wear the approved uniforms at all times while on duty. The only exception to this requirement is the Project Manager who may wear normal business attire in lieu of a uniform. Additionally, these uniforms shall be worn in a manner that they present a clean and neat appearance at the beginning of each work day.  
  C.6.6 Warranty of Services
The Contractor shall warrant all workmanship, materials, equipment and services provided under the terms of this contract for a minimum of one year or the manufacturer's period of warranty, whichever is longer, from the date of Government acceptance of work. Any rework or repair due to poor workmanship will be at the Contractor’s expense.
C.7.   DEFINITIONS AND ACRONYMS
The definitions and acronyms associated with this solicitation are shown at Technical Exhibit TE-8.
C.8.   REGULATIONS AND REFERENCES
The regulations and references associated with this solicitation are shown at Technical Exhibit TE-9.

 SECTION D
PACKING AND MARKING

D.1   PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information including, forms, reports, etc. to the Contracting Officer or the Contracting Officer’s Representative (COR) shall be paid by the Contractor.
D.2   MARKING

All information submitted to the Contracting Officer or the COR shall clearly indicate the number of the contract for which the information is being submitted.

 SECTION E
INSPECTION AND ACCEPTANCE

E.1 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.arnet.gov/far/

 Federal Acquisition Regulation (48 CFR Chapter 1) Clauses Incorporated by Reference

NUMBER	TITLE	
		
52.246-4	INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)	
52.246-6	INSPECTION--TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001)	

 E.2	PERFORMANCE REQUIREMENTS SUMMARY TABLE DESCRIPTION

a)	The Performance Requirements Summary Table is provided as Exhibit E-1.  The purpose of this attachment is to identify the contract requirements in summary form as follows:
1)	Line Item No. (Column 1):  This column identifies the contract line item number (CLIN) from the Price Schedule in Section B.	
2)	Work Requirement (Column 2):  This column contains the title of contract work requirements, as identified in the Price Schedule in Section B
3)	Reference Clause (Column 3):  This column identifies the paragraph number(s) in Section C and other sections of the contract that specify the performance standard(s) to be met for each work requirement.
4)	Performance Standards (Column 4):  This column contains a brief summary of performance standards taken from the contract that will be used to evaluate work requirements.
5)	Method of Inspection (Column 5): The method of surveillance anticipated for the service requirement.  The following methods are available and more than one may be used for each service requirement: Random Sampling, Planned Sampling, 100 Percent Inspection, Validated Customer Complaints, and Unscheduled Inspection.  The Government is not restricted to using the method(s) chosen and shown in the PRST.
6)	AQL (Column 6): Acceptable Quality Level, applicable to Random Sampling method of inspection.
7)	Weight (Column 7): This column represents the maximum of the contract value that can be deducted for nonperformance or unsatisfactory performance of a service requirement or subtask.  The deduction is 100% of the CLIN if only one performance task is associated with the requirement.  If there are two or more performance tasks, each is expressed as percentage of the CLIN value.  The subtask percentages shown total to 100% of the CLIN value.  The CLIN prices in Schedule B at the time of contract award (or contract modification thereafter) are the basis for these values.
b)	Contract Surveillance.
1)	The following methods of surveillance are available and more than one may be used for each work requirement: Random Sampling, Planned Sampling, 100 Percent Inspection, Validated Customer Feedback/Complaints, and Unscheduled Inspection.
2)	The Government will execute a quality assurance program using surveillance techniques and levels of inspection deemed appropriate to assure contract compliance.  The Government may change surveillance methods or levels of inspection at any time.  The Government’s Quality Assurance Surveillance Plans (QASP) may be provided the Contractor for informational purposes only.  The Government is not restricted to using the methods chosen and shown in the QASP.
3)	When random sampling is used for surveillance, payment will be adjusted by the observed nonconforming items projected across the total population of services for the invoice period, adjusted for specific work satisfactorily re-performed.  Observed defects external to the sample will not be used as a basis for deduction projection, but will be considered in payment for rework. The projected defect rate will be adjusted in the Contractor’s favor by rounding down to the nearest whole number to establish a more statistically confident indication of the Contractor’s true performance.
4)	When other than random sampling is used for surveillance, payment will be adjusted by those nonconforming work items actually observed and which were not re-performed.
5)	When surveillance efforts indicate that the Contractor’s performance is  unsatisfactory, the Contractor will be notified and appropriate administrative actions will be taken in addition to the payment deductions discussed below.
6)	The Contractor may be assessed an administrative fee for surveillance of unsatisfactory work in accordance with the following clause:  Payment Deductions Clause.  The administrative fee equals 10% of the value of unsatisfactory work or uncorrected services.
c)	Deduction Limitation.

The maximum contract value that can be deducted for nonperformance or unsatisfactory performance of a work requirement is 100% of the contract line item value.  If there are two or more performance tasks, each subtask may be expressed as a percentage of the line item value.  The subtask percentages total 100% of the line item value.  The line item prices in Schedule B at the time of contract award are the basis for these values.

E.3	PAYMENT DEDUCTION CLAUSE

a.  Inspection:  

All contractually specified work will be inspected by the government’s  Quality Assurance Evaluator to ensure that work is accomplished as approved by the Contracting Officer.

b.  Deductions for Unsatisfactory or Non-performed Work:  
An amount equal to the value of the unsatisfactory or non-performed work, as determined by the Contracting Officer using the procedures described in the following paragraphs, will be deducted from any payment due the Contractor.  In the event the Contractor disagrees with the Contracting Officer as to any deduction, such disagreement shall be subject to the contract clause entitled “Disputes.”

c.	Payment Analysis:  Payment analysis is used to determine deductions in the payment for Section B line items which correspond to services found unsatisfactory regardless of whether the Government allows the service to be re-performed.  Payment analysis is broken down into two separate categories: 
		
Deduction for Documented Defects, and 
	Deduction Projection.

Notice:  Deduction Projection is associated with the Random Sampling type of contract surveillance.  

d.  Deduction for Documented Defects:  Each documented defect represents a loss in value to the Government and increases the administrative burden.  The administrative burden may include:  original inspection time, re-inspection time, vehicle time, and functional personnel performing additional recording and reporting tasks.
Deductions for documented defects will be computed as follows for work found unsatisfactory, or work not performed at all:
Cost of service value lost* 
plus 10% administrative fee 

*  Service value lost is determined by dividing the service cost (monthly price in Section B, Price Schedule) by the monthly population (number of units) multiplied by the number of service units found unsatisfactory.  
See Examples at end of Section E.
E.4	SUBMITTAL ACCEPTANCE OR REJECTION NOTIFICATION 

The Government shall notify the Contractor of its acceptance or rejection of Contractor’s submittals (e.g., reports, schedules, plans, etc.) that are subject to Government review and approval.   The Government will provide notification within 15 calendar days of receipt of submittals, except for the Contractor’s Building Operation Plan, unless a longer review period is required and mutually agreed between both parties,   The Government will provide notification within 20 calendar days of receipt of Contractor’s Building Operation Plan.  Rejected submittal(s) shall include the Government’s explanation for rejection.  

The Contractor is responsible for correcting errors, omissions, or deficiencies and re-submitting an acceptable submittal within the required delivery schedule of the contract, or within 10 calendar days of notification of rejection, whichever is later.

EXAMPLE 1
(Deduction Analysis Without Projection)

SAMPLE MONTHLY PAYMENT ANALYSIS FORM

OPERATION & MAINTENANCE OF BULDINGS, STRUCTURES, SYSTEMS AND EQUIPMENT

	
SCHEDULED MAINTENANCE	
UNSCHEDULED MAINTNENANCE	
REPAIRS/SERVICE CALLS	

A. Cost of Services
    (Based on % of    
    Monthly Price)	
$7600	
$6700	
$7500	

B.  Population 
    (Total Monthly 
    Service Units)	
20	
50	
100	

C.  Cost per Unit 
     (A divided by B) 	
$380	
$135	
$75

D.  Number  of
      Unsatisfactory 	
3
	
6	
10	

E.  Number Corrected	
1	
2	
3	

F.  Number Uncorrected	
2	
4	
7	

G.  Service Value Lost
(F multiplied by C)	
$760	
$540	
$525	
Total Service Value Lost = $1825
Administrative Cost 10% (10% of Service Value Lost) = $182.50
Total Deduction (Service Value Lost + Administrative Cost) = $2007.50	

 SECTION F
DELIVERIES OR PERFORMANCE

F.1 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.arnet.gov/far/

 Federal Acquisition Regulation (48 CFR Chapter 1) Clauses Incorporated by Reference
NUMBER	TITLE	
		
52.242-15	STOP-WORK ORDER (AUG 1989)	
52.242-17	GOVERNMENT DELAY OF WORK (APR 1984)	

F.2	CONTRACT TERM

The contract term consists of a Base Period, plus Option Periods that may be exercised at the Government’s discretion in accordance with contract terms. The full contract term (Base plus all Options) will total 60 months.  

Individual periods of performance for the Base and Option Periods will depend upon the contract effective date.  The anticipated periods of performance, which are subject to change, are as follows:

	Base Period:        Contract effective date (start date) through 9/30/2012
	Option Period I:   10/1/2012 – 9/30/2013
	Option Period II:  10/1/2013 – 9/30/2014
	Option Period III: 10/1/2014 – 9/30/2015
	Option Period IV: 10/1/2015 – 9/30/2016
	Option Period V:  10/1/2016 – 60th month of contract term (not to exceed 12 months)

Start-Up/Phase-In Period: The contract term will begin no less than 60 calendar days following contract award, allowing the contractor 60 calendar days start-up/phase-in period, unless a shorter period is mutually agreed between the Contractor and Government. Contractor billing for start-up (Exhibit B-1, CLIN 0003) shall not be submitted for payment before the contract effective date.

Contract award is anticipated to be made on or about 06/01/2012.   
F.3	PLACE OF PERFORMANCE
The Contractor shall perform all work under this contract at the following location:
	
Memphis Internal Revenue Service Center
	5333 Getwell Road
	Memphis, TN 38118
F.4	DELIVERY SCHEDULE

Deliverables required under this contract are presented in Section J, Technical Exhibit TE-6, Required Submittals and Reports.
F.5	DELIVERY LOCATION

The contractor shall deliver all reports as specified herein to the Contracting Officer’s Representative.  Refer to Paragraph G.1.2 for contact information (e.g. name, address and phone). 
F.6	DELIVERY METHOD

All deliveries shall be made by the contractor FOB Destination.

 Section G
 
CONTRACT ADMINISTRATION DATA

G.1	AUTHORITY - CONTRACTING OFFICER, CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE, AND CONTRACTOR’S PROJECT MANAGER

G.1.1	Contracting Officer
 
The Contracting Officer for administration of this contract is:                                                                                                             
		(to be named at time of award)
  
The Contracting Officer, in accordance with Subpart 1.6 of the Federal Acquisition Regulation, is the only person authorized to make or approve any changes in any of the requirements of this contract, and notwithstanding any clauses contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority  and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.
G.1.2	Contracting Officer’s Technical Representative

The Contracting Officer’s Representative (COR) for this contract is:
	Primary COR:    (COR to be named at time of award)
	Alternate COR:  
Office Location:
		
The COR will represent the Contracting Officer in the administration of technical details within the scope of this contract.  The COR is also responsible for the final inspection and acceptance of all reports, and such other responsibilities as may be specified contract. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government.  The COR does not have authority to alter the Contractor’s obligations or to change the contract specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify contract obligations or the statement of work, changes will be issued in writing and signed by the Contracting Officer.  The COR assignment for this contract may be changed at any time by the Government without prior notice to the Contractor.  The Contractor will be notified of the change.
G.1.3	Project Manager

The Contractor’s designated Project Manager for this contract:

Name, address, phone: _(Offeror to name and submit with proposal)____

The Contractor shall provide a Project Manager for this contract who shall have the authority to make any no-cost contract technical, hiring and dismissal decisions, or special arrangement regarding this contract.  The Project Manager shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government.  The Project Manager shall have full authority to act for the Contractor in the performance of the required services.  The Project Manager, or a designated representative, shall meet with the COR to discuss problem areas as they occur.
The Project Manager, or designated representative shall respond within 30 minutes after notification of the existence of a problem.  The Project Manager shall be able to fluently read, write, and speak the English language.                [End of Clause]

G.2    ADDITIONAL SERVICES ORDERING, PERFORMANCE, AND PAYMENT PROCEDURES

a.	Work identified as Additional Services is optional work that the Government will order on an as-needed basis.  The Government makes no guarantee to order Additional Service work.

b.	A contract line item “Ceiling Price” for Additional Services, which the contractor exceeds at its own risk, shall be established in writing by the Contracting Officer at time of contract award or through contract modification.  The line item Ceiling Price is a cumulative total applicable to all Task Orders placed by the Government under the terms of the contract (see “e” below).

c.	Authorized Ordering Official.  The Contracting Officer’s Representative, or other representative designated in writing by the Contracting Officer, is authorized to order contract services based on the following limitations:

Service Calls (exceeding $7500): *$3,000 per order 
Phase-In Deficiency Corrections (exceeding $500): *$3,000 per order
Miscellaneous Services not covered by Basic Services (e.g. New Project Work & Renovations; Painting >200SF; Snow Hauling; etc.): $3000 per order

*Amount per order represents the Government’s cost and EXCLUDES the contractor’s cost share.

d.	Only the Contracting Officer is authorized to approve individual Task Orders exceeding $3000.

e.	Individual Task Order(s).  A Task Order for the performance of Additional Services work will be issued the Contractor by the Authorized Ordering Official in accordance with FAR 52.216-18, Ordering.  A separate ceiling amount (for which the Contractor shall not exceed) will be established by the Ordering Official for each individual Task Order issued.  The cumulative value of all individual Task Orders shall not exceed the contract line item Ceiling Price established in writing by the Contracting Officer (see “b” above).   Task Order(s) shall not exceed the Maximum Order Limitations outlined in Section I, FAR Clause 52.216-19, Order Limitation.

f.	Each Task Order will be issued in writing and contain, as a minimum, the following information:

1)  Individual Task Order Number; 
2) Applicable Contract Line Item Number;
3) Date Of Order;
4) Description Of Work;
5) Task Order’s Firm-Fixed-Price, or not-to-exceed Ceiling Price that contractor exceeds at its own risk if Time-and-Materials payment is authorized; 
6) If applicable, specific approval for use of Overtime Rates;
7) Scheduled Delivery/Completion Date; and
8) Authorized Ordering Official’s Name And Signature. 

g.	Verbal Orders.  Verbal Task Orders may be issued in times of emergency ONLY (e.g. emergency conditions that threaten personnel, property, or MIRSC operations), when a written order can not be issued to the contractor timely.  The contractor and Ordering Official shall ensure a clear understanding of (1) the work to be performed; (2) task order ceiling price; and, (3) delivery/completion date.  All verbal orders shall be confirmed in writing by the Ordering Official and acknowledged by the contractor within 24 hours, or the next business day. 

h.	Performance Schedule.  An individual performance schedule for each Task Order shall be determined when services are requested.  Performance is to be mutually agreeable between the Ordering Official and contractor.  The contractor has a responsibility to reasonably accommodate the government’s need for completion within required timeframe. 

i.	Payment.   Task Orders ordered on a time-and-material basis will be paid in accordance with FAR clause 52.232-7, Payments Under Time-and-Materials and Labor-Hour Contracts; firm-fixed-priced orders will be paid based on FAR clause 52.232-1, Payments.  

NOTICE: Time-and-material payment terms include, but are not limited, to the following: (1) The hourly rates prescribed in the contract will be used for payment of labor that meets the labor category qualifications of the labor categories specified in the contract that are performed by the Contractor; by subcontractors; or transferred between divisions, subsidiaries, or affiliates of the Contractor.  The Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment and by (i) individual daily job timekeeping records; (ii) records that verify the employees meet the qualifications for the labor categories specified in the contract; or (iii) other substantiation approved by the Contracting Officer.  (2) The Government will reimburse the Contractor for allowable cost of materials. (3) The Contractor may include allocable indirect costs and other direct costs to the extent they are (i) excluded from the hourly rate; (ii) allocated in accordance with Contractor's established accounting practices; and (iii) indirect costs are not applied to subcontracts paid at the hourly rates. (4) Except as provided for in FAR 31.205-26(e) and (f), the government will not pay profit or fee to the prime Contractor on materials.

 SECTION H
SPECIAL CONTRACT REQUIREMENTS

    H.1   IR1052.204-9003  IRS SECURITY AWARENESS TRAINING REQUIREMENTS (AUG 2010) 

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

(b) Contractors and their employees who require staff-like access to IRS information or information systems at an IRS facility or a contractor-owned/managed facility shall complete IRS security awareness training annually, as specified in the contract.
 
NOTE: “IRS information” means Sensitive But Unclassified (SBU) information, as defined in Internal Revenue Manual 10.8.1 – Policy and Guidance. SBU may be categorized in one or more of the following groups— 
(1)	Returns and Return Information 
(2)	Sensitive Law Enforcement Information 
(3)	Employee Information 
(4)	Personally Identifiable Information 
(5)	Other Protected Information 

(c) The contractor shall ensure all contractor employees who require staff-like access to IRS owned or controlled facilities, or IRS information or information systems, regardless of their physical location, complete one or more Information Protection briefings on computer security, disclosure, privacy, physical security, and/or UNAX, as specified by Contractor Security Lifecycle Program (CSLP). Individually and collectively, these briefings make up the IRS Security Awareness Training (SAT) requirements for the Service’s information assets. 

Personnel required to complete SAT include, but are not necessarily limited to, contractor employees involved in any of the following activities: 
•	Manage, program or maintain IRS information in a production environment; 
•	Operate an information system on behalf of the IRS; 
•	Conduct testing or development of information or information systems on behalf of the IRS; or 
•	Provide advisory and assistance (consulting) services, or administrative support. 

Unless otherwise provided under the terms of the immediate contract/order, contractor employees in the following service categories with facilities access only who do not have access to IRS workspace, or who work in buildings where a clean desk policy is in place for all IRS employees, are not required to complete SAT –with the exception of Physical Security Training: 
•	Medical; 
•	Cafeteria; 
•	Landscaping; 
•	Janitorial and cleaning (daylight operations); 
•	Building maintenance; or 
•	Other maintenance and repair. 

(d) All new contractor employees shall receive a system security orientation within the first 10 business days following initial assignment to any IRS contract/order, and IT security awareness training (commensurate with the individual’s duties and responsibilities) within 5 business days of being granted access to an IRS IT system. 

(e) For each contractor employee assigned to this contract/order, the contractor shall submit confirmation of completed SAT (using the form at the Mandatory Briefing web site or upon email request to CSLP at CSLP@irs.gov), via email, to the Contracting Officer's Representative (COR) and the Contractor Security Lifecycle Program (CSLP) upon completion, but not later than 10 business days of starting work on this contract/task order. 

(f) Thereafter, each contractor employee assigned to this contract/order shall complete SAT annually not later than April 30th of each year in which there 
is an ongoing period of performance (in either the base period or any exercised option period). The contractor shall submit confirmation of completed annual SAT on all contractor employees assigned to this contract/order, via email, to the CO, COR, and the Contractor Security Lifecycle Program (CSLP) upon completion, or not later than May 12th of the then current calendar year or as requested by CSLP (whichever date is earlier). 

(g) Contractors shall verify in writing within 30 calendar days of award, and by May 12, of each year thereafter or as requested by CSLP (whichever date is earlier), that all of their affected employees have successfully completed the specified training. Verification reports shall be signed by an official with the authority to legally bind the Contractor. 

(h) SAT is available on the Mandatory Briefing web site or if this site is not accessible, SAT materials will be made available by CSLP upon request via email to CSLP@irs.gov). 

(i) Contractor employees who fail to comply with IRS security policy (to include completion and certification of SAT requirements within the timeframe specified) may be subject to having their access to IRS IT systems and facilities suspended, revoked or terminated (temporarily or permanently). 
[End of clause] 

H.2   IR1052.204-9005   SUBMISSION OF SECURITY FORMS AND RELATED MATERIALS (AUG 2010) 

(a) Contractor personnel hired for work within the United States or its territories and possessions and who require access, wherever the location, to IRS owned or controlled facilities or work on contracts that involve the design, operation, repair, or maintenance of information systems, and/or require access to sensitive but unclassified information, security items or products, must meet the following three eligibility criteria before a full background investigation will be initiated: 
(1) Must be Federal tax compliant, both timely filed and timely payment of any taxes due; 
(2) Shall either be at a minimum a U.S. citizen for high risk access, or have lawful permanent resident status for low and moderate risk (3 years of US residency required for moderate risk); and 
(3) For all males born after 1959, must be registered with Selective Service. 

(b) All contractor personnel performing under the contract that require either escorted or unescorted access to IRS facilities, SBU information or information systems are subject to (and must receive a favorable adjudication or affirmative results with respect to) the following suitability pre-screening criteria, as applicable: 
(1) Credit report results (moderate and high risk investigations only); and/or 
(2) Federal Bureau of Investigation fingerprint results. 

(c) Each contract employee assigned to work under this contract/order shall undergo investigative processing appropriate to the position sensitivity and risk level designation associated with the work to be performed, as described in TD P 15-71, Chapter I, Section 1. In support of this undertaking, the contractor shall furnish the following electronic documents to the Contractor Security Lifecycle Program (CSLP), per the instructions available on the publicly accessible website for IRS Procurement, within 10 business days of assigning (or reassigning) a contractor employee to this contract/order and prior to the contract employee performing any work there under: 
  (1) The IRS provided Risk Assessment Checklist (RAC), and 
  (2) All required security forms (for new contractor employees), are available through the publicly accessible website for IRS Procurement. 

(Note: These documents (the RAC and security forms) are also available upon request from CSLP via email at CSLP@irs.gov) 

(d) Concurrent with submission of the above-referenced materials to CSLP, the contractor shall email the Contracting Officer (CO), and the Contracting Officer's Representative (COR) to confirm this requirement has been completed. The notice shall identify the subject contractor employee by name and relevant contract/task order number(s), and list the materials submitted. 

(e) Contractor personnel whose duration of employment exceeds 180 calendar days must be eligible for access, per certification of tax compliance, and shall undergo, at a minimum a National Agency Check and Inquiries as a condition of work under the government contract. If the duration of employment is less than 180 calendar days or access is infrequent (e.g., 2-3 days per month) and the contractor requires unescorted access, the contractor employee must be eligible for access, per certification of tax compliance, and require at a minimum a fingerprint check (Special Agreement Check). No background investigation or tax check is completed if the duration of employment is less than 180 calendar days or access is infrequent when there is escort provided by an IRS employee or an approved contractor employee at the same or higher position risk level. 

(f) The contractor employee may commence work only upon notice of an interim or final approval for staff-like access, revalidation of access for contractor employee transfers from one IRS contract/order to another, or approved escorted access. 
[End of clause] 

H.3   IR1052.204.9006  NOTIFICATION OF CHANGE IN CONTRACTOR EMPLOYEE EMPLOYMENT STATUS, ASSIGNMENT, OR STANDING (AUG 2010) 

(a) The contractor shall notify the Contracting Officer's Representative (COR) and the Contractor Security Lifecycle Program (CSLP), via email, within one (1) business day of the contractor becoming aware of any change in the employment status, assignment, or standing of a contractor employee to this contract/order –to include, but not limited to, the following conditions: 
•	Receipt of the employee’s notice of intent to separate from employment or discontinue work under this IRS contract/task order;
•	Knowledge of the employee’s voluntary separation from employment or performance on this contract/task order (if no prior notice was given);
•	Transfer or reassignment of the employee and performance of duties under this contract/task order, in whole or in part, to another IRS contract/task order (and identify the gaining contract and representative duties/responsibilities to allow for an assessment of suitability based on position sensitivity/risk level designation); 
•	Separation, furlough or release from employment; 
•	Anticipated extended absence of more than 45 calendar days; 
•	Change of legal name; 
•	Change to citizenship or lawful permanent resident status, or employment eligibility; 
•	Change in gender or other distinction when physical attributes figure prominently in the biography of an individual; 
•	Actual or perceived conflict of interest in continued performance under this contract/task order (provide explanation); 
•	Death. 
	
 (b) The notice shall include the following minimum information: 
•	Name of contractor employee 
•	Nature of the change in status, assignment or standing (i.e., provide a brief non-personal, broad-based explanation) 
•	Affected contract/task order number(s) 
•	Actual or anticipated date of departure or separation 
•	When applicable, the name of the IRS facility(s) this individual routinely works from or has access to when performing work under this contract/order 
•	Identification of any Government Furnished Property (GFP), Government Furnished Equipment (GFE), or Government Furnished Information (GFI) (to include Personal Identity Verification (PIV) credentials or badges) provided to the contractor employee and its whereabouts or status. 

(c) In the event the subject contractor employee is working on multiple contracts/orders, notification shall be combined, and the cognizant COR for each affected contract/order shall be included in the joint notification along with the CSLP. 

(d) As a general rule, the change in the employment status, assignment, or standing of a contractor employee to this contract/order would not form the basis for an excusable delay for failure to perform this contract under its terms. 
[End of clause]

H.4   IR1052.239-9007 ACCESS, USE OR OPERATION OF IRS INFORMATION TECHNOLOGY (IT) SYSTEMS BY CONTRACTORS (AUG 2010) 

In performance of this contract, the contractor agrees to comply with the following requirements and assumes responsibility for compliance by his/her employees: 

(a)	IRS Information Technology Security Policy and Guidance. 
All current and new IRS contractor employees authorized staff-like (unescorted) access to Treasury/IRS owned or controlled facilities and information systems, or work, wherever located, on those contracts which involve the design, operation, repair or maintenance of information systems and access to sensitive but unclassified information shall comply with the IRS Information Technology Security Policy and Guidance, Internal Revenue Manual (IRM) 10.8.1. A copy of IRM 10.8.1 may be requested from the Contracting Officer or Contracting Officer’s Representative (COR) or obtained from the publicly available portions of the IRM at http://www.irs.gov/irm/. 

(b)  Access Request and Authorization. 
Within 10 business days after contract award, issuance of a task order or other award notice, or acceptance of new or substitute contractor employees by the COR, the contractor shall provide the COR and the Contractor Security Lifecycle Program, (CSLP) a list of names of all applicable contractor employees and the IRS location(s) identified in the contract for which access is requested. A security screening, if determined appropriate by the IRS and in accordance with IRM 10.23.2, Contractor Investigations, and Department of the Treasury Security Manual (TD P) 15-71, Chapter II, Section 2, will be conducted by the IRS for each contractor employee requiring access to IRS’ IT systems, or as otherwise deemed appropriate by the COR. The Government reserves the right to determine the fitness or suitability of a contractor employee to receive or be assigned staff-like access under a contract, and whether the employee shall be permitted to perform or continue performance under the contract. Security screenings of contractor employees which reveal the following may be grounds for declining staff-like access under a contract: conviction of a felony, a crime of violence or a serious misdemeanor, a record of arrests for continuing offenses, or failure to file or pay Federal income tax. (Note: This is not an inclusive list.) Upon notification from Personnel Security of an acceptable (favorably adjudicated) contractor employee security screening, the COR will complete an Online 5081 (OL5081), Automated Information System (AIS) User Registration/Change Request, for each prime or subcontractor employee and require an electronic signature from each employee indicating the contractor employee has read and fully understands the security requirements governing access to the Service’s IT systems. IRS approval of the OL5081 is required before a contractor employee is granted access to, use or operation of IRS IT systems. IRM 10.8.1 includes more detailed information on the OL 5081. 

(c)  Contractor Acknowledgement. 
The contractor also acknowledges and agrees that he or she understands that all contract employees must comply with all laws, IRS system security rules, IRS security policies, standards, and procedures. The contractor also acknowledges that a contract employee’s unsanctioned, negligent, or willful violation of the laws, IRS system security rules, IRS security policies, standards, and procedures may result in the revocation of access to IRS information technology systems, immediate removal from IRS premises and the contract, and for violations of Federal statute or state laws, the contract employee may be subject to arrest by Federal law enforcement agents. 
(d) Limited Personal Use of Government IT Resources. 
Contractors, like employees, have no inherent right to use Government IT resources, and this policy does not create the right to use Government IT resources for nongovernmental purposes. However, as a courtesy, the privileges (and restrictions) established by IRM 10.8.27, IRS Policy On Limited Personal Use of Government Information Technology Resources for employees, are extended to contractors. 

Contractors, like employees, have the privilege to use Government IT resources for nongovernmental purposes when such use: 
•	involves minimal additional expense to the Government; 
•	occurs during non-work hours for reasonable duration and frequency;
•	does not violate the Codes of Ethical Conduct; 
•	does not overburden any of the IRS’ IT resources; 
•	does not adversely affect the performance of official duties; 
•	does not interfere with the mission or operations of the IRS; and 
•	complies with existing Federal Government, Department of the Treasury, and IRS policies for, but not limited to— ethics, security, disclosure, and privacy. 

Contractors, like employees, are specifically prohibited from inappropriate Internet usage such as participation in: gambling, pornography, personal communication on social networking sites, peer-to-peer (P2P) file sharing, downloading unauthorized programs or software, and other activities that open IRS information or information systems to security risks. Specific examples are referenced in IRM 10.8.27, Exhibit 10.8.27-1, Prohibited Uses of Government IT Resources. 

Contractors, like employees, are specifically prohibited from the pursuit of private commercial business activities or profit-making ventures using the Government’s IT resources. The ban also includes the use of the Government’s IT resources to assist relatives, friends, or other persons in such activities. 

Contractors, like employees, are specifically prohibited from engaging in any political fundraising activity, endorsing any product or service, participating in any lobbying activity, or engaging in any prohibited partisan political activity, in accordance with, Title 5 - Code of Federal Regulations (CFR) - Part 735, Office of Personnel Management, Employee Responsibilities and Conduct. 

Contractors, like employees, should have no expectation of privacy, while using any Government IT resources at any time, including (but not limited to) accessing the Internet or using e-mail. 

Any unauthorized use may be reported to the Contracting Officer’s Representative (COR), the Contracting Officer, and the Computer Security Incident Response Center (CSIRC) (for subsequent referral to the Department of Treasury Inspector General for Tax Administration (TIGTA) and/or the Personnel Security, Centralized Adjudication Group (CAG), as appropriate). 

(e)  Replacement Personnel. 
The contractor acknowledges that in the event of an alleged violation of the policies and rules on access, use or operation of IRS’ IT resources, the IRS, at its discretion, may immediately withdraw access privileges of the contractor employee alleged to have violated said policies and rules, and request suspension of that employee from performance under this or any IRS contract pending the conclusion of its investigation of the matter. At the conclusion of the its investigation, if the IRS determines that extended or permanent revocation of access to IRS’ IT resources computer systems and/or facilities, or other disciplinary action is warranted or in its best interest, the contractor agrees to remove the contractor employee that was the subject of the investigation within one day of official notification by the IRS of its access eligibility determination, and provide a replacement within 5 calendar days. Replacement personnel must be acceptable to the IRS. The proposed replacement personnel must have a substantive amount of experience in the job position in which they will be performing; including equal or greater qualifications as the individual being replaced. In evaluating proposed replacement personnel, the IRS reserves the right to make an assessment on the technical and/or professional qualifications of the proposed substituting individual(s). The Contracting Officer (on the advice and recommendation of the COR) has the right to disallow the proposed substituting individual(s) from performing under the subject contract, when the technical and/or professional qualifications of the proposed replacement personnel are determined (1) not to be substantially equivalent to the technical and/or professional qualifications of the personnel they are to replace, or (2) not sufficient to reasonably insure successful performance, or (3) otherwise endanger contract performance, progression, or completion. New hires or replacement personnel are subject to and must receive an acceptable (favorably adjudicated) contractor employee security screening conducted by Personnel Security. 

(f) Monitoring Notification. 
IRS management retains the right to monitor both the content and the level of access of contractor employees’ use of IRS IT systems. Contractor employees do not have a right, nor should they have an expectation, of privacy while using any IRS information technology system at any time, including accessing the Internet or using e-mail. Data maintained on government office equipment may be subject to discovery and Freedom of Information Act requests. By using government information technology systems, consent to monitoring and recording is implied with or without cause, including (but not limited to) accessing the Internet or using e-mail or the telephone. Any use of government information technology systems is made with the understanding that such use is generally not secure, is not private and is not anonymous. 

(g) Subcontracts. 
The Contractor shall incorporate this clause in all subcontracts, subcontract task or delivery orders or other subcontract performance instrument where the subcontractor employees will require access, use or operation of IRS information technology systems. 
[End of clause]

H.5 1052.224-9000(a) Disclosure of Information-Safeguards (January 1998)  

In performance of this contract, the Contractor agrees to comply and assume responsibility for compliance by its employees with the following requirements:

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

(3)	Should a person (contractor or subcontractor) or one of his/her employees make any unauthorized inspection(s) or disclosure(s) of confidential tax information, the terms of the Default (Fixed Price Supply and Service)clause (FAR 52.249-8), incorporated herein by reference, may be invoked, and the person (contractor or subcontractor) will be considered to be in breach of this contract.
 (4)	(Include here any additional safeguards provided by the requisitioner.)
No additional safeguards apply to this clause.
                              [End of Clause]	

 H.6 1052.224-9000(d) Disclosure of "Sensitive but Unclassified" Information Safeguards (March 2008)  

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

H.7 1052.224-9001(a) Disclosure of Information--Criminal/Civil Sanctions (January 1998)  

(1)	Each officer or employee of any person (contractor or subcontractor) at any tier to whom returns or return information is or may be disclosed shall be notified in writing by the person (contractor or subcontractor) that returns or return information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such returns or return information for a purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as five years, or both, together with the costs of prosecution.  Such person (contractor or subcontractor) shall also notify each such officer and employee that any such unauthorized future disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000 with respect to each instance of unauthorized disclosure plus in the case of willful disclosure or a disclosure which is the result of gross negligence, punitive damages, plus the cost of the action.  These penalties are prescribed by IRC Sections 7213 and 7431 and set forth at 26 CFR 301.6103(n)-1.

(2)	Each officer or employee of any person (contractor or subcontractor) to whom returns or return information is or may be disclosed shall be notified in writing by such person that any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this contract and that inspection of any such returns or return information for a purpose or to an extent not authorized herein constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $1,000.00 or imprisonment for as long as 1 year, or both, together with the costs of prosecution.  Such person (contractor or subcontractor) shall also notify each such officer and employee that any such unauthorized inspection of returns or return information may also result in an award of civil damages against the officer or employee in an amount equal to the sum of the greater of $1,000.00 for each act of unauthorized inspection with respect to which such defendant is found liable or the sum of the actual damages  sustained by the plaintiff as a result of such unauthorized inspection plus in the case of a willful inspection or an inspection which is the result of gross negligence, punitive damages, plus the costs of the action.  The penalties are prescribed by IRC Sections 7213A and 7431.

(3)	Additionally, it is incumbent upon the contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a.  Specifically, 5 U.S.C. 552a(I)(1), which is made applicable to contractors by 5 U.S.C. 552a(m)(1), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that 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.
                                                                                             [End of Clause] 	

H.8 1052.224-9001(b) Disclosure of Information-Sensitive but Unclassified Use Only (March 2008)  

Each officer or employee of the contractor or subcontractor at any tier to whom "Sensitive but Unclassified Use Only" information may be made available or disclosed shall be notified in writing by the contractor that "Sensitive but Unclassified Use Only" information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such "Sensitive but Unclassified Use Only" information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. Sections 641 and 3571.  Section 641 of 18 U.S.C. provides, in pertinent part, that whoever knowingly converts to his use or the use of another, or without authority sells, conveys, or disposes of any record of the United States or whoever receives the same with the intent to convert it to his use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine or imprisoned up to ten years or both.
                          [End of Clause] 	

H.9 1052.224-9002 IRSAP 1052.224-9002 Disclosure of Information--Inspection (December 1988)  

The Internal Revenue Service shall have the right to send its officers and employees into the offices and plants of the contractor for inspection of the facilities and operations provided for the performance of any work under this contract.  On the basis of such inspection, the Contracting Officer may require specific measures in cases where the contractor is found to be noncompliant with contract safeguards.
[End of Clause] 	

H.10  RESERVED

H. 11 	INSURANCE - WORK ON GOVERNMENT INSTALLATION

Within 15 calendar days after the award of this contract, the Contractor shall furnish the Contracting Officer a CERTIFICATE OF INSURANCE as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified below in accordance with the "INSURANCE - WORK ON A GOVERNMENT INSTALLATION" clause, Section I. 

(a)  The Contractor shall procure and maintain, during the entire period of performance under this contract, the following minimum insurance coverage. 
 (1)  Comprehensive General Liability:   $500,000 per occurrence  
 (2)  Automobile Liability:                              
                  $200,000 per person
                  $500,000 per occurrence                        
                  $ 20,000 per occurrence for Property damage 
(3)  Workmen's Compensation:  As required by Federal and State worker's compensation and occupational disease statutes. 
(4)  Employer's Liability coverage:  $100,000, except
      in states where worker's compensation may not be
      written by private carriers. 
(5)  Other as required by State Law.

(b)  The Certificate of Insurance shall provide for at least 30 calendar days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage.  Other requirements and information are contained in the aforementioned INSURANCE clause. 

H.12   	APPLICABLE MINIMUM HOURLY RATES OF WAGES
 
Wage Determination Number CBA-2009-2635, Rev. 2, dated 5/5/2011, and  General Decision Number  TN120103, dated 02/17/2012 specify the minimum hourly rate of wages that shall be paid to all employees embraced by the specifications.  The rate has been determined by the Secretary of Labor in accordance with the provisions of the Service Contract Act of 1965, as amended, and Davis Bacon Act.  (Refer to Section J, Exhibits H-1, H-1A, and H-2) 

H.13  	SECURITY REQUIREMENTS

(a)  The Contractor shall comply with all security requirements.  Upon request, the Contractor shall submit the name and address of each employee hired for work on this contract and shall cause to be filled out questionnaires and other forms as may be required for security. 

(b)  Neither the Contractor nor any of its employees shall disclose or cause to be disseminated any information concerning the operations of the activity which could result in or increase the likelihood of the possibility of a breach of the activity's security or interrupt the continuity of its operations. 

(c)  Disclosure of information relating to the services hereunder to any person not entitled to receive it, or failure to safeguard any classified information that may come to the Contractor or any person under his/her control in connection with work under this contract, may subject the Contractor, his/her agents or employees to criminal liability under 26 U.S.C.A, Section 7213(a)(3). 

(d)  All inquiries, comments or complaints arising from any matter observed, experienced, or learned as a result of or in connection with the performance of this contract, the resolution of which may require the dissemination of official information will be directed to the COR. 

(e)  Deviations from or violations of any of the provisions of  this paragraph will, in addition to all other criminal and civil remedies, provided by law subject the Contractor to immediate termination for default and/or the individuals involved to a withdrawal of the Government's acceptance and approval of employment. 

H.14	IDENTIFICATION

H.14.1 Identification of Contract Employees
     
(a)  The Contractor shall provide to the COR the name or names of the responsible supervisory person or persons authorized to act for the Contractor. 

(b)  The Contractor shall furnish sufficient personnel to perform all work specified within the contract. 

(c)  The Contractor shall remove from the site any individual whose continued employment is deemed by the Contracting Officer to be contrary to the public interest or inconsistent with the best interests of the Government. 

(d)  No employee or representative of the Contractor will be admitted to the site of work unless satisfactory proof of citizenship is furnished, or, if an alien, legal residency within the United States is confirmed. 
 
H.14.2     Photo-Identification Badges
 
The Contractor shall make his/her employees available for photo-identification badges on a schedule to be worked out with the COR.  The badges will be made by the Government after a favorable security report has been received on the contract employees.  IRS personnel will take the pictures and furnish the equipment and material to make the identification badges.  Contract employees shall sign each badge at the time of photographing.

The Contractor shall issue the badge to the employees each day as they report for work and collect when leaving the building.  The Contractor shall see that all badges are returned to the Contracting Officer's Technical Representative when employees are dismissed or terminated.  The Contractor will notify the Contracting Officer's Technical Representative when employee badges are lost.  It will be the responsibility of the Contractor to pay for replacement badges at the rate of $2 per badge.  The use of the photo-identification badges will be at the option of the Government.  

 H.14.3     Parking Decals
 
Contract employees wishing to park on IRS property shall show proof of liability insurance actively in force on vehicles prior to obtaining parking decals and at other times as required by IRS.  Subject insurance must be maintained at all times while using the IRS parking facility.  Denial or loss of parking privileges will result from non-compliance.   

H.15   RECORD OF ARRIVAL/DEPARTURE
 
Each contract employee must sign in when reporting for duty and sign out when leaving at the end of the workday.  The Record of Time of Arrival and Departure, GSA Form 139, or equivalent, provided by the Contracting Officer's Representative (COR) shall be used for this purpose.  The sign-in and sign-out location will be designated by the COR. 

H.16 STAFFING AND KEY PERSONNEL

Any proposed reduction in contract staffing, or replacement of key personnel designated to perform contract services, as cited in Contractor’s approved Staffing Plan (refer to Paragraph C.3.6, “Staffing Requirements and On-Site Hours of Operation”) shall be submitted to the COR for the Contracting Officer’s review and approval. The Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification and personnel qualifications in sufficient detail to permit evaluation of the impact on the program.  All changes are subject to the Contracting Officer’s approval.

H.17 [RESERVED]

H.18  UNIFORMS

All contract employees shall wear distinctive uniforms, consistent in color and design, bearing the Contractor's name or emblem.  Uniform colors shall be that which is typically worn by maintenance staff and clearly distinguishable from other contractor staff performing services at MIRSC (e.g. security staff).  Uniforms are subject to COR approval.

Uniforms must be clean and neat in appearance.

H.19  STANDARDS OF CONDUCT

Contract employees shall conduct themselves in a proper, efficient, courteous and businesslike manner.

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and sobriety, and shall be responsible for taking such disciplinary action with respect to his/her employees as may be necessary.  Possession of illegal substances by contract employees shall result in the employee's immediate removal from IRS and replacement by the Contractor.  The Contractor is responsible for ensuring that his/her employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones, except as authorized. All persons employed in the performance of this contract shall, while on the premises, comply with all security regulations.

H.20  NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services or for any unauthorized changes to the work specified herein.  This includes any service performed by the Contractor of his own volition or at the request of any individual other than a duly appointed Contracting Officer.  Only a duly appointed Contracting officer is authorized to change the specifications, terms and conditions in this contract. 

 SECTION I
CONTRACT CLAUSES

I.1 52.252-2 Clauses Incorporated by Reference (Feb 1998) 

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address: http://www.arnet.gov/far/

 Federal Acquisition Regulation (48 CFR Chapter 1) Clauses Incorporated by Reference

NUMBER	TITLE	
		
52.202-1	DEFINITIONS (JAN 2012)	
52.203-3	GRATUITIES (APR 1984)	
52.203-5	COVENANT AGAINST CONTINGENT FEES (APR 1984)	
52.203-6	RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEPT 2006)	
52.203-7	ANTI-KICKBACK PROCEDURES (Oct 2010)	
52.203-8	CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)	
52.203-10	PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)	
52.204-4	Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.  (May 2011)	
52.204-7	Central Contractor Registration (APR 2008)	
52.204-9	Personal Identity Verification of Contractor Personnel.(Jan 2011)	
52.209-6	Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010)	
52.209-9	52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.  (Jan 2012)	
52.215-2	AUDIT AND RECORDS--NEGOTIATION (Oct 2010)	
52.215-8	ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)	
52.215-11	PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA--MODIFICATIONS (AUG 2011)	
52.215-13	SUBCONTRACTOR CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)	
52.215-21	REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA OR INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)	
52.217-8	OPTION TO EXTEND SERVICES (NOV 1999)
   Fill-In terms: The Contracting Officer may exercise the option by written notice to the Contractor within the performance period of the contract.	
52.217-9	OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
   Fill-In terms: a) The Government may extend the term of this contract by written notice to the Contractor within the performance period of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.	
52.219-8	UTILIZATION OF SMALL BUSINESS CONCERNS (Jan 2011)	
52.219-9 II	SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2002)--ALTERNATE II (OCT 2001)	
52.219-14	LIMITATIONS ON SUBCONTRACTING (DEC 1996)	
52.219-16	LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999)	
52.219-23 I	52.219-23 I NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS--ALTERNATE I (JUN 2003)   Fill-In terms:  b) Evaluation adjustment. (1) The Contracting Officer will evaluate offers by adding a factor of five percent to the price of all offers, except--	
52.219-25	SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM--DISADVANTAGED STATUS AND REPORTING (Dec 2010)	
52.222-1	NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)	
52.222-3	CONVICT LABOR (JUN 2003)	
52.222-21	PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)	
52.222-26	EQUAL OPPORTUNITY (Mar 2007)	
52.222-35	52.222-35  EQUAL OPPORTUNITY FOR VETERANS (SEP 2010)	
52.222-36	AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (Oct 2010)	
52.222-37	Employment, Reports Veterans. (SEPT 2010)	
52.222-41	SERVICE CONTRACT ACT OF 1965 (NOV 2007)	
52.222-50	Combating Trafficking in Persons.(Feb 2009)	
52.223-2	Affirmative Procurement of Biobased Products Under Service and Construction Contracts.  (Dec 2007)	
52.223-3	HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)	
52.223-3 I	HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)-- ALTERNATE I (JUL 1995)	
52.223-5	POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (May 2011)	
52.223-6	DRUG-FREE WORKPLACE (May 2001)	
52.223-10	WASTE REDUCTION PROGRAM (May 2011)	
52.223-11	OZONE-DEPLETING SUBSTANCES (MAR 2001)	
52.223-12	REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY 1995)	
52.223-15	Energy Efficiency in Energy-Consuming Products(DEC 2007)	
52.223-17	FACs Updates	
52.223-18	Contractor Policy to Ban Text Messaging While Driving (Sep 2011)	
52.225-13	RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (June 2008)	
52.229-3	FEDERAL, STATE, AND LOCAL TAXES (APR 2003)	
52.232-1	PAYMENTS (APR 1984)	
52.232-7	PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS. (FEB 2007)      Fill-In terms:  (2) The designated payment office will make interim payments for contract financing on the 30th day after the designated billing office receives a proper payment request.	
52.232-8	DISCOUNTS FOR PROMPT PAYMENT (Feb 2002)	
52.232-17	INTEREST (Oct 2010)	
52.232-23	ASSIGNMENT OF CLAIMS (JAN 1986)	
52.232-25	PROMPT PAYMENT (OCT 2008)	
52.232-33	PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003)	
52.233-1	DISPUTES (JUL 2002)	
52.233-3	PROTEST AFTER AWARD (AUG 1996)	
52.237-2	PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)	
52.237-3	CONTINUITY OF SERVICES (JAN 1991)	
52.242-13	BANKRUPTCY (JUL 1995)	
52.243-1	CHANGES-FIXED-PRICE (AUG 1987)	
52.243-3	CHANGES-TIME & MATERIALS OR LABOR-HOURS (Sep 2000)	
52.245-1	GOVERNMENT PROPERTY (AUG 2010)	
52.245-2	GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (AUG 2010)	
52.246-25	LIMITATION OF LIABILITY--SERVICES (FEB 1997)	
52.248-1	VALUE ENGINEERING (Oct 2010)	
52.249-2	TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004)	
52.249-6 IV	TERMINATION (COST-REIMBURSEMENT) (MAY 2004) ALT IV (SEP 1996)	
52.249-8	DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)	
52.252-2	CLAUSES INCORPORATED BY REFERENCE (FEB 1998)	
52.252-6	AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
Fill-In terms:  (b) The use in this solicitation or contract of any Department of Treasury (48 CFR 10) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.	
52.253-1	COMPUTER GENERATED FORMS (JAN 1991)	

Following Clauses Relate ONLY To Task Orders For “Construction” Services that are Applicable Pursuant to the FAR - Refer To Section C, Item C.4, Additional Services	
52.222-6	DAVIS-BACON ACT (JULY 2005)	
52.222-7	WITHHOLDING OF FUNDS (FEB 1988)	
52.222-8	PAYROLLS AND BASIC RECORDS (June 2010)	
52.222-9	APPRENTICES AND TRAINEES (JULY 2005)	
52.222-10	COMPLIANCE WITH COPELAND ACT REQUIREMENTS (Feb 1988)	
52.222-11	SUBCONTRACTS (LABOR STANDARDS) (JULY 2005)	
52.222-12	CONTRACT TERMINATION--DEBARMENT (FEB 1988)	
52.222-13	COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988)	
52.222-14	DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)	
52.222-15	CERTIFICATION OF ELIGIBILITY (FEB 1988)	
52.228-1	BID GUARANTEE (SEP 1996)    Fill-In terms: (c) The amount of the bid guarantee shall be 20 percent of the bid price or $(To be determined at time Additional Services are requested for construction), whichever is less. (c) The amount of the bid guarantee shall be 20 percent of the bid price or $(To be determined at time Additional Services are requested for construction), whichever is less.	
52.228-2	ADDITIONAL BOND SECURITY (OCT 1997)	
52.228-5	INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)	
52.228-11	PLEDGES OF ASSETS (JAN 2012)	
52.228-14	IRREVOCABLE LETTER OF CREDIT (DEC 1999)    Fill-In terms:  (To be determined at time Additional Services are requested for construction).	
52.228-15	PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (Oct 2010)	
52.236-1	PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) Fill-In terms:   (To be determined at time Additional Services are requested for construction).	
52.236-2	DIFFERING SITE CONDITIONS (APR 1984)	
52.236-3	SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)	
52.236-5	MATERIAL AND WORKMANSHIP (APR 1984)	
52.236-6	SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)	
52.236-7	PERMITS AND RESPONSIBILITIES (NOV 1991)	
52.236-8	OTHER CONTRACTS (APR 1984)	
52.236-9	PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984)	
52.236-10	OPERATIONS AND STORAGE AREAS (APR 1984)	
52.236-11	USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)	
52.236-12	CLEANING UP (APR 1984)	
52.236-13	ACCIDENT PREVENTION (NOV 1991)	
52.236-14	AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)	
52.236-15	SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)	
52.236-17	LAYOUT OF WORK (APR 1984)	
52.236-21	SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (Feb 1997)	

I.2 1052.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JAN 1990) (DEVIATION)  

(a)  Definitions.
     "Agency", as used in this clause, means executive agency as defined in 2.101.
     "Covered Federal action", as used in this clause, means any of the following Federal actions:
         (a)  The awarding of any Federal contract.
         (b)  The making of any Federal grant.
         (c)  The making of any Federal loan.
         (d)  The entering into of any cooperative agreement.
         (e)  The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

      "Indian tribe" and "tribal organization", as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B) and include Alaskan natives.
      "Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or an appearance before 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 in connection with any covered Federal action.
      "Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government. 
      "Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency:
         (a)  An individual who is appointed to a position in the Government under title 5, United States Code, including a position under a temporary appointment.
         (b)  A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code.
         (c)  A special Government employee, as defined in section 202, title 18, United States Code.
         (d)  An individual who is a member of a Federal Advisory Committee Act, title 5, United States Code, appendix 2.
      "Person," as used in this clause, means an individual, corporation, company association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit.  This term excludes an Indian tribe, tribal organization, or an other Indian organization with respect to expenditures specifically permitted by other Federal law.
      "Reasonable compensation," as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for such work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.
       "Reasonable payment," as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.
       "Recipient," as used in this clause, includes the Contractor and all subcontractors.  This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.
       "Regularly employed," as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 business days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract.  An officer or employee who is employed by such person for less than 130 business days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person  shall be considered to be regularly employed as soon as he or she is employed by such person for 130 business days.
        "State," as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, a multi-State, regional, or interstate entity having governmental duties and powers.

     (b)  Prohibitions.
          (1)  Section 1352 of title 31, United States Code, among other things, prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay 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 in connection with any of the following covered Federal action:  The awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement.
          (2)  The Act also requires Contractors to furnish a disclosure if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) 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 in connection with a Federal contract, grant, loan or cooperative agreement.
          (3)  The prohibitions of the Act do not apply under the following condition:
               (i)  Agency and legislative liaison by own employees.
                    (A)  The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action.
                    (B)  For purposes of subdivision (b)(3)(I)(A) of this clause, providing any information  specifically requested by an agency or Congress is permitted a any time.
                    (C)  The following agency and legislative liaison activities are permitted any time where they are not related to a specific solicitation for any covered Federal action:  
                         (1)  Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities 
                         (2)  Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.
                     (D)  The following agency and legislative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action-
                         (1)  Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;
                         (2)  Technical discussions regarding the preparation of any unsolicited proposal prior to its official submission; and 
                         (3)  Capability presentations by persons seeking awards from an agency pursuant to the provision of the Small Business Act, as amended by Pub. L. 95-507, and subsequent amendments.
                    (E)  Only those services expressly authorized by subdivision (b)(3)(I)(A) of this clause are permitted under this clause.
          (ii) Professional and technical services.
               (A)  The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of-
                    (1)  A payment of reasonable compensation made to an officer of employee of a person requesting or receiving a covered Federal action or any extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal or application for that Federal action or for meeting requirements imposed or pursuant to law as a condition for receiving that Federal action.
                    (2)  Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or any extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal or application for that Federal action or for meeting requirements imposed or pursuant to law as a condition for receiving that Federal action.  Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.
               (B)  For purposes of subdivision (b)(3)(ii)(A) of this clause, "professional" and technical services" shall be limited to   advice and analysis directly applying any professional or technical discipline.  The following examples are not intended to be all inclusive, to limit the application of the professional or technical exemption provided in the law, or to limit the exemption to licensed professionals.  For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable.  Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable.  However, communication with a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action.  Thus, for example, communication with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services.  Similarly communications with the intent to influence made by an engineer providing engineering analysis prior to the preparation or submission of an bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action.
                (C)  Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.
                (D)  Only those services expressly authorized by subdivisions (b)(3)(ii)(A)(1) and (2) of this clause are permitted under this clause.
                (E)  The reporting requirements of FAR 3.803(a) shall not apply with respect to payments of reasonable compensation made to regularly employed officer or employees of a person.
           (iii)  Selling activities by independent sales representatives.  The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply to the following selling activities before an agency by independent sales representatives, provided such activities are prior to formal solicitation by an agency and are specifically limited to to merits of the matter:
               (A)  Discussing with an agency (including individual demonstrations) the qualities and characteristics of the person's products or services, conditions or terms of sale, and service capabilities; and
               (B)  Technical discussions and other activities regarding the application or adaptation of the person's products services for an agency's use.

     (c)  Disclosure.
          (1)  The Contractor who requests or receives from an agency a Federal contract shall file with that agency a disclosure form, OMB standard form LLL, Disclosure of Lobbying Activities, if such person has made or has agreed to make any payment using non-appropriated funds (to include profits from any covered Federal action), which would be prohibited under subparagraph (b)(1) of this clause, if paid for with appropriated funds.
          (2)  The Contractor shall file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form reviously filed by such person under subparagraph (c)(1) of this clause.  An event that materially affects the accuracy of the information reported includes-
               (i)  A cumulative increase of $25,000  or more in the amount paid or expect to be paid for influencing or attempting to influence a covered Federal action; or
               (ii)  A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or
               (iii)  A change in the officer(s),  employee(s), or Member(s) contacted influence or attempt to influence a covered Federal action.
          (3)  The Contractor shall require the submittal of a certification, and if required, a disclosure  form by any person who requests or receives any subcontract exceeding $100,000 under the Federal contract.
          (4)  All subcontractor disclosure forms (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor.  The prime Contractor shall submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor.  Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor. 

     (d)  Agreement.  The Contractor agrees not to make any payment prohibited by this clause.

     (e)  Penalties.
          (1)  Any person who makes an expenditure prohibited under paragraph (a) of this clause or who fails to file or amend the disclosure form to be filed or amended by paragraph (b) of this clause shall be subject to civil penalties as provided by 31 USC 1352.  An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.
          (2)  Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

     (f)  Cost allowability.  Nothing in this clause makes allowable or reasonable any cost which would otherwise be unallowable or unreasonable.  Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.
                                                                                   (End of clause) 	

I.3 1052.203-9000 NEWS RELEASES AND ADVERTISEMENTS  (JUN 2005)

The Contractor, or anyone acting on behalf of the Contractor, shall not refer to the equipment or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such equipment or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under the provisions of 31 U.S.C. 333 and this contract.  Further, a violation of this provision may be considered during the evaluation of past performance in future competitively negotiated acquisitions. 
[End of Clause] 	

I.4 1052.242-9000 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE (SEP 2006)  

a.	Contractor Performance Evaluations

Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15.  A final performance evaluation will be prepared at the time of completion of work.  In addition to the final evaluation, interim evaluations will be prepared annually to coincide with the anniversary date of the contract. (**If evaluations are to be conducted more or less frequently than annually, modify this sentence as appropriate.)

Interim and final evaluations shall be available to the Contractor through the National Institutes of Health Contractor Performance System (CPS) as soon as practicable after completion of the evaluation.  The Contractor will be permitted thirty days to review the document and to submit additional information or a rebutting statement.  Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the CO, whose decision shall be final.

Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

b.	Electronic Access to Contractor Performance Evaluations

Contractors must register with CPS in order to review and comment on agency prepared contractor interim and final evaluation reports.  Contractors can do this by registering online at the CPS web site. 

The registration process requires the contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment.  In addition, the Contractor will be required to identify an alternate contact who will be responsible for notifying the cognizant contracting official in the event the primary contact is unavailable to process the evaluation within the required 30-day time frame.
[End of clause]	

I.5 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE  

CERTAIN FEDERAL TRANSACTIONS (JAN 1990)
(DEVIATION)

       (a) Definitions.
"Agency," as used in this clause, means executive
agency as defined in 2.101.
"Covered Federal action," as used in this clause,
means any of the following Federal actions:
(a) The awarding of any Federal contract.
(b) The making of any Federal grant.
(c) The making of any Federal loan.
(d) The entering into of any cooperative agreement.
(e) The extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan,
or cooperative agreement.
"Indian tribe" and "tribal organization," as used in
this clause, have the meaning provided in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450B) and include Alaskan  natives.
"Influencing or attempting to influence," as used in
this clause, means making, with the intent to influence,
any communication to or an appearance before 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 in connection with any covered
Federal action.
"Local government," as used in this clause, means a
unit of government in a State and, if chartered,
established, or otherwise recognized by a State for
the performance of a governmental duty, including a
local public authority, a special district, an intrastate
district, a council of governments, a sponsor group
representative organization, and any other instrumentality
of a local government.
"Officer or employee of an agency," as used in this clause,
includes the following individuals who are employed by an
agency:
(a) An individual who is appointed to a position in the
Government under title 5, United States Code, including a
position under a temporary appointment.
(b) A member of the uniformed services, as defined in
subsection 101(3), title 37, United States Code.
(c) A special Government employee, as defined in section
202, title 18, United States Code.
(d) An individual who is a member of a Federal Advisory
Committee Act, title 5, United States Code, appendix 2.
"Person," as used in this clause, means an individual,
corporation, company, association, authority, firm,
partnership, society, State, and local government,
regardless of whether such entity is operated for profit,
or not for profit. This term excludes an Indian tribe,
tribal organization, or any other Indian organization
with respect to expenditures specifically permitted by
other Federal law.
"Reasonable compensation," as used in this clause, means,
with respect to a regularly employed officer or employee
of any person, compensation that is consistent with the
normal compensation for such officer or employee for
such work that is not furnished to, not funded by, or
not furnished in cooperation with the Federal Government.
"Reasonable payment," as used in this clause, means, with
respect to professional and other technical services, a
payment in an amount that is consistent with the amount
normally paid for such services in the private sector.
"Recipient," as used in this clause, includes the
Contractor and all subcontractors. This term excludes
an Indian tribe, tribal organization, or any other Indian
organization with respect to expenditures specifically
permitted by other Federal law.
"Regularly employed," as used in this clause, means, with
respect to an officer or employee of a person requesting
or receiving a Federal contract, an officer or employee
who is employed by such person for at least 130 working
days within 1 year immediately preceding the date of the
submission that initiates agency consideration of such
person for receipt of such contract. An officer or
employee who is employed by such person for less than
130 working days within 1 year immediately preceding the
date of the submission that initiates agency consideration
of such person shall be considered to be regularly
employed as soon as he or she is employed by such person
for 130 working days.
"State," as used in this clause, means a State of the
United States, the District of Columbia, the Commonwealth
of Puerto Rico, a territory or possession of the United
States, an agency or instrumentality of a State, and
multi-State, regional, or interstate entity having
governmental duties and powers.
(b) Prohibitions.
(1) Section 1352 of title 31, United States Code, among
other things, prohibits a recipient of a Federal contract,
grant, loan, or cooperative agreement from using
appropriated funds to pay 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 in
connection with any of the following covered Federal
action: The awarding of any Federal contract; the making
of any Federal grant; the making of any Federal loan;
the entering into any cooperative agreement; or the
modification of any Federal contract, grant, loan, or
cooperative agreement.
(2) The Act also requires Contractors to furnish a
disclosure if any funds other than Federal appropriated
funds (including profit or fee received under a covered
Federal transaction) 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 in connection with a
Federal contract, grant, loan or cooperative agreement.
(3) The prohibitions of the Act do not apply under
the following conditions:
(i) Agency and legislative liaison by own employees.
(A) The prohibition on the use of appropriated
funds, in subparagraph (b)(1) of this clause, does not
apply in the case of a payment of reasonable compensation
made to an officer or employee of a person requesting or
receiving a covered Federal action if the payment is for
agency and legislative liaison activities not directly
related to a covered Federal action.
(B) For purposes of subdivision (b)(3)(i)(A) of
this clause, providing any information specifically
requested by an agency or Congress is permitted at any
time.
(C) The following agency and legislative liaison
activities are permitted at any time where they are not
related to a specific solicitation for any covered
Federal action:
(1) Discussing with an agency the qualities and
characteristics (including individual demonstrations)
of the person's products or services, conditions or
terms of sale, and service capabilities.
(2) Technical discussions and other activities
regarding the application or adaptation of the person's
products or services for an agency's use.
(D) The following agency and legislative liaison
activities are permitted where they are prior to formal
solicitation of any covered Federal action-
(1) Providing any information not specifically
requested but necessary for an agency to make an
informed decision about initiation of a covered Federal
action;
(2) Technical discussions regarding the preparation
of any unsolicited proposal prior to its official
submission; and
(3) Capability presentations by persons seeking
awards from an agency pursuant to the provision of the
Small Business Act, as amended by Pub. L. 95-507, and
subsequent amendments.
(E) Only those services expressly authorized by
subdivision (b)(3)(i)(A) of this clause are permitted
under this clause.
(ii) Professional and technical services.
(A) The prohibition on the use of appropriated
funds, in subparagraph (b)(1) of this clause, does not
apply in the case of-
(1) A payment of reasonable compensation made to an
officer of employee of a person requesting or receiving
a covered Federal action or any extension, continuation,
renewal, amendment, or modification of a covered Federal
action, if payment is for professional or technical
services rendered directly in the preparation,
submission, or negotiation of any bid, proposal, or
application for that Federal action or for meeting
requirements imposed by or pursuant to law as a
condition for receiving that Federal action.
(2) Any reasonable payment to a person, other than
an officer or employee of a person requesting or
receiving a covered Federal action or any extension,
continuation, renewal , amendment, or modification of
a covered Federal action if the payment is for
professional or technical services rendered directly
in the preparation, submission, or negotiation of any
bid, proposal, or application for that Federal action
or for meeting requirements imposed by or pursuant to
law as a condition for receiving that Federal action.
Persons other than officers or employees of a person
requesting or receiving a covered Federal action include
consultants and trade associations.
(B) For purposes of subdivision (b)(3)(ii)(A) of
this clause, "professional and technical services" shall
be limited to advice and analysis directly applying any
professional or technical discipline. The following
examples are not intended to be all inclusive, to limit
the application of the professional or technical exemption
provided in the law, or to limit the exemption to
licensed professionals. For example, drafting of a legal
document accompanying a bid or proposal by a lawyer is
allowable. Similarly, technical advice provided by an
engineer on the performance or operational capability
of a piece of equipment rendered directly in the
negotiation of a contract is allowable. However,
communication with a technical person (such as a licensed
accountant) are not allowable under this section unless
they provide advice and analysis directly applying their
professional or technical expertise and unless the advice
or analysis is rendered directly and solely in the
preparation, submission or negotiation of a covered
Federal action. Thus, for example, communication with the
intent to influence made by a lawyer that do not provide
legal advice or analysis directly and solely related to
the legal aspects of his or her client's proposal, but
generally advocate one proposal over another are not
allowable under this section because the lawyer is not
providing professional legal services. Similarly,
communications with the intent to influence made by an
engineer providing an engineering analysis prior to the
preparation or submission of an bid or proposal are not
allowable under this section since the engineer is
providing technical services but not directly in the
preparation, submission or negotiation of a covered
Federal action.
(C) Requirements imposed by or pursuant to law
as a condition for receiving a covered Federal award
include those required by law or regulation and any
other requirements in the actual award documents.
(D) Only those services expressly authorized by
subdivisions (b)(3)(ii)(A)(1) and (2) of this clause
are permitted under this clause.
(E) The reporting requirements of FAR 3.803(a)
shall not apply with respect to payments of reasonable
compensation made to regularly employed officer or
employees of a person.
(iii) Selling activities by independent sales
representatives. The prohibition on the use of
appropriated funds, in subparagraph (b)(1) of this
clause, does not apply to the following selling
activities before an agency by independent sales
representatives, provided such activities are prior
to formal solicitation by an agency and are
specifically limited to the merits of the matter:
(A) Discussing with an agency (including
individual demonstrations) the qualities and
characteristics of the person's products or services,
conditions or terms of sale, and service
capabilities; and
(B) Technical discussions and other activities
regarding the application or adaptation of the
person's products or services for an agency's use.
(c) Disclosure.
(1) The Contractor who requests or receives from
an agency a Federal contract shall file with that
agency a disclosure form, OMB standard form LLL,
Disclosure of Lobbying Activities, if such person
has made or has agreed to make any payment using
nonappropriated funds (to include profits from any
covered Federal action), which would be prohibited
under subparagraph (b)(1) of this clause, if paid
for with appropriated funds.
(2) The Contractor shall file a disclosure form
at the end of each calendar quarter in which there
occurs any event that materially affects the
accuracy of the information contained in any
disclosure form previously filed by such person
under subparagraph (c)(1) of this clause. An event
that materially affects the accuracy of the
information reported includes-
(i) A cumulative increase of $25,000 or more in
the amount paid or expected to be paid for
influencing or attempting to influence a covered
Federal action; or
(ii) A change in the person(s) or individual(s)
influencing or attempting to influence a covered
Federal action; or
(iii) A change in the officer(s), employee(s),
or Member(s) contacted to influence or attempt to
influence a covered Federal action.
(3) The Contractor shall require the submittal of
a certification, and if required, a disclosure form
by any person who requests or receives any
subcontract exceeding $100,000 under the Federal
contract.
(4) All subcontractor disclosure forms (but not
certifications) shall be forwarded from tier to
tier until received by the prime Contractor. The
prime Contractor shall submit all disclosures to
the Contracting Officer at the end of the calendar
quarter in which the disclosure form is submitted
by the subcontractor. Each subcontractor
certification shall be retained in the subcontract
file of the awarding Contractor.
(d) Agreement. The Contractor agrees not to make
any payment prohibited by this clause.
(e) Penalties.
(1) Any person who makes an expenditure
prohibited under paragraph (a) of this clause or
who fails to file or amend the disclosure form to
be filed or amended by paragraph (b) of this clause
shall be subject to civil penalties as provided by
31 USC 1352. An imposition of a civil penalty does
not prevent the Government from seeking any other
remedy that may be applicable.
(2) Contractors may rely without liability on
the representation made by their subcontractors in
the certification and disclosure form.
(f) Cost allowability. Nothing in this clause makes
allowable or reasonable any cost which would
otherwise be unallowable or unreasonable.
Conversely, costs made specifically unallowable by
the requirements in this clause will not be made
allowable under any other provision.
(End of clause)	

I.6   52.216-18 ORDERING (OCT 1995)  

[THIS CLAUSE IS APPLICABLE ONLY TO SUPPLIES/SERVICES PROVIDED PURSUANT TO SECTION C, ITEM C.4, ADDITIONAL SERVICES.]

     (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule.  Such orders may be issued from the effective date of the applicable contract period (Base, Option I, II, III, IV, and V Periods) through ending date of the applicable contract period (Base, Option I, II, III, IV, and V Periods). 
     (b) All delivery orders or task orders are subject to the terms and conditions of this contract.  In the event of conflict between a delivery order or task order and this contract, the contract shall control. 
     (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail.  Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. 
(End of clause) 	

I.7   52.216-19 ORDER LIMITATIONS (OCT 1995)  

[THIS CLAUSE IS APPLICABLE ONLY TO SUPPLIES/SERVICES PROVIDED PURSUANT TO SECTION C, ITEM C.4, ADDITIONAL SERVICES.]

     (a) Minimum order.  When the Government requires supplies or services covered by this contract in an amount of less than $1.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
     (b) Maximum order.  The Contractor is not obligated to honor-- 
           (1) Any order for a single item in excess of $500,000 (applicable to Additional Services Task Order only); 
           (2) Any order for a combination of items in excess of $500,000 (applicable to Additional Services Task Order only); or 
           (3) A series of orders from the same ordering office within 30 calendar days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section.
     (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum- order limitations in paragraph (b) of this section.
     (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 business days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.  Upon receiving this notice, the Government may acquire the supplies or services from another source.
 (End of clause) 	

I.8  52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (Jan 2011)  

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d). 

(b) Evaluation preference. 

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except_ 
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and 
(ii) Otherwise successful offers from small business concerns. 

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor. 

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror_s base offer. These individual preference amounts shall be added together to arrive at the total evaluated price for that offer. 

(4) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern. 

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference. 

(___)  Offeror elects to waive the evaluation preference. 

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for_ 

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns; 

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns; 

(3) General construction. 

(i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor_s employees; 

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor_s employees or on a combination of the prime contractor_s employees and employees of HUBZone small business concern subcontractors; 

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or 

(4) Construction by special trade contractors. 

(i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor_s employees; 

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor_s employees or on a combination of the prime contractor_s employees and employees of HUBZone small business concern subcontractors; 

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns. 

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements. 

(f)   (1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers. 

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States. 

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts. 

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror. 
(End of clause) 	

I.9  52.219-28 Post-Award Small Business Program Re-representation. (Apr 2009)  

(a) Definitions. As used in this clause_ 

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. 

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 the size standard in paragraph (c) of this clause.   Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall re-represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: 

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. 

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. 

(3) For long-term contracts_ 

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and 

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. 

(c) The Contractor shall re-represent its size status in accordance with the size standard in effect at the time of this re-representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/. 

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. 

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the re-representation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. 

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following re-representation and submit it to the contracting office, along with the contract number and the date on which the re-representation was completed: 

The Contractor represents that it  (__) is / (__) is not a small business concern under NAICS Code 561210 assigned to contract number ______________.

[Contractor to sign and date and insert authorized signer’s name and title]. 

(End of clause) 	

I.10   52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)  

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

THIS STATEMENT IS FOR INFORMATION ONLY (IT IS NOT A WAGE DETERMINATION):  
23130 Maintenance Carpenter WG-10; 24041 Computer Operator-I GS-10; 23160 Maintenance Electrician WG-11; Electronics Technicians (23181 Maintenance-I GS-10), (23182 Maintenance-II GS-11), (23183 Maintenance-III GS-12); 23290 Fire Alarm System Mechanic WG-11; 23370 General Maintenance Worker WG-10; 23410 Heating, Refrigeration & A/C Mechanic WG-11; 23580 Maintenance Trades Helper WG-10; 23760 Maintenance Painter WG-11; 23810 Maintenance Plumber WG-11; Secretary-I GS-5 
(End of clause) 	

 I.11    52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT--PRICE ADJUSTMENT (MULTIPLE YEAR & OPTION CONTRACTS) (Sep 2009)  

      (a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements.
     (b) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.
     (c) The wage determination, issued under the Service Contract Act of 1965, as amended, (41 U.S.C. 351, et seq.), by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract. If no such determination has been made applicable to this contract, then the Federal minimum wage as established by section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 206) current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract.
     (d) The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect the Contractor's actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of:
            (1) The Department of Labor wage determination applicable on the anniversary date of the multiple year contract, or at the beginning of the renewal option period.  For example, the prior year wage determination required a minimum wage rate of $4.00 per hour.  The Contractor chose to pay $4.10.  The new wage determination increases the minimum rate to $4.50 per hour.  Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour; 
            (2) An increased or decreased wage determination otherwise applied to the contract by operation of law; or
            (3) An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract, affects the minimum wage, and becomes applicable to this contract under law.
    (e) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (d) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and workers' compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profit.
    (f) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by the Contracting Officer.  The Contractor shall promptly notify the Contracting Officer of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law.  The notice shall contain a statement of the amount claimed and the change in fixed hourly rates (if this is a time-and-materials or labor-hour contract), and any relevant supporting data, including payroll records, that the Contracting Officer may reasonably require. Upon agreement of the parties, the contract price, contract unit price labor rates, or fixed hourly rates shall be modified in writing.  The Contractor shall continue performance pending agreement on or determination of any such adjustment and its effective date.
    (g) The Contracting Officer or an authorized representative shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor until the expiration of 3 years after final payment under the contract.
 (End of clause)  	

I.12 52.222-54 Employment Eligibility Verification (Jan 2009)  

Commercially available off-the-shelf (COTS) item__ 

(1) Means any item of supply that is_ 

(i) A commercial item (as defined in paragraph (1) of the definition at 2.101); 

(ii) Sold in substantial quantities in the commercial marketplace; and 

(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and 

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1 (c)(2), _bulk cargo_ means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo. 

_Employee assigned to the contract_ means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee_ 

(1) Normally performs support work, such as indirect or overhead functions; and 

(2) Does not perform any substantial duties applicable to the contract. 

_Subcontract_ means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. 

_Subcontractor_ means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor. 

_United States_, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands. 

(b) Enrollment and verification requirements. 

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall_ 

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award; 

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and 

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee_s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). 

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of_ 

(i) All new employees. 

(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or 

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or 

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). 

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2) respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract. 

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986, within 180 calendar days of_ 

(i) Enrollment in the E-Verify program; or 

(ii) Notification to E-Verify Operations of the Contractor_s decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU). 

(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU. 

(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor_s MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official. 

(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify. 

(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify. 

(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee_ 

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program; 

(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or 

(3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors. 

(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that_ 

(1) Is for_ 

(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or 

(ii) Construction; 

(2) Has a value of more than $3,000; and 

(3) Includes work performed in the United States. 
(End of clause) 	

I.13 52.232-18 AVAILABILITY OF FUNDS (Apr 1984)

[THIS CLAUSE APPLIES TO EACH CONTRACT OPTION PERIOD.]
  
     Funds are not presently available for this contract.  The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.                                                                                         
(End of clause) 	

I.14   DT1052.219-70  SF 294 AND SF 295 REPORTING (MAR 2002)  

In accordance with the clause entitled "Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan" in Section I and the contract schedule, SF 294 and SF 295 reports shall be submitted to the following personnel:

       ADDRESSEE                              SUBMIT SF 294      SUBMIT SF 295

Contracting Officer                                  Original                     Original 
(Refer to contract paragraph G.1.1 
for CO contact information)

            Small Business Specialist                         Copy                          Copy
Specialist IRS Small Business Program
Attn: LaTonya Richardson
6009 Oxon Hill Road
OS:A:P:P
Oxon Hill, MD 20745 

Department of the Treasure                         N/A                         Copy
Office of Small Business Programs
(MMD)
c/o 1310 G St., NW, Ste. 400W
Washington, DC 20220
                                                                                              (End of clause)	

 I.15 DT1052.219-75 Mentor Requirements and Evaluation (January 2000)  

     (a) Mentor and protege firms shall submit an evaluation to the Department of the Treasury’s OSBD at the conclusion of the mutually agreed upon Program period, the conclusion of the contract, or the voluntary withdrawal by either party from the Program., whichever occurs first.  At the conclusion of each year in the Mentor Protege Program, the prim contractor and protege will formally brief the Department of the Treasury Mentor-Protege Program Manager regarding program accomplishments under their mentor-protege agreements.

     (b) A mentor or protege shall notify the OSBD and the contracting officer, in writing, at least 30 calendar days in advance of the effective date of the firm_s withdrawal from the protégé’s notice of withdrawal from the Program.
                            (End of clause)	

I.16 IR1052-96-070 NEWS RELEASES  

       Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the equipment or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such equipment or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without such consent first being so obtained, the Government shall consider institution of all remedies available under the provisions of this contract.                           [End of Clause]	

I.17 IR1052-96-115 ADVERTISING OF AWARD  

       The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.                    [End of Clause]	

I.18  IR1052.204-9004 ACCESSING ON-LINE PAYMENT INFORMATION (FEB 2009)  

The U.S. Department of the Treasury, Financial Management’s Internet Payment Platform (IPP) is a government-wide electronic payment information service that replaces the Payment Advice Internet Delivery (PAID) system.  IPP allows vendors to receive their remittance information from their financial institution.  Effective October 31, 2008, IPP replaced the PAID system.  Former PAID users have been automatically migrated to IPP and need to complete the initial provisioning process from the new user ID, temporary password, and web address sent by Treasury.  This is necessary in order to log in to the IPP and view or download payment information.  New vendors may register on-line at https://ipp.gov.  For additional information, refer to the IPP Customer Support at (866) 973-3131.

The IPP will continue to support the following notification services previously offered by PAID:  Web access only to remittance data, no payment notification emails sent, payment notification without remittance detail, and payment notification with remittance detail.  Users may select event-driven notifications and schedule the frequency.  Vendors can only access their own payment data.  IPP remittance information includes the following data:  ACH trace number, supplier name, agency name, payment status, issue date, invoice number, PO number, invoice amount, discount amount, payment amount, bank name, and bank address.  The IPP will collect payment data for 18 months, which will be available for search, display and download.  Payment information will be uploaded to the IPP daily from Treasury systems on the date of payment.                 (End of Clause)	

 SECTION J
 
    LIST EXHIBITS AND ATTACHMENTS

Exhibit
Number	Title of Exhibit/Attachment	File Types other than Word	No. of Pages	
				
B-1	Price Schedule	Excel	18	
TE-1	General Location and Site Information		1	
TE-2	Facility Components And Equipment		2	
TE-3	Service Call History 	Excel	1	
TE-4	GSAPM Guide Cards		435	
TE-5	Equipment PM List	Excel	254	
TE-6	Required Submittals and Reports		3	
TE-7	Government Furnished Items 		1	
TE-8	Glossary of Terminology		4	
TE-9	Applicable Regulations and References		3	
TE-10	Infrared Testing Requirements		10	
TE-11	 Reserved		--	
TE-12 	 Reserved		--	
TE-13	Environmental Management System	Excel	1	
TE-14	Paint Colors		1	
E-1	Performance Requirements Summary Table (PRST)	Excel	18	
H-1	Wage Determination  		 1	
H-1A	Collective Bargaining Agreement	Acrobat	29	
H-2	General Wage Decision 		 5	
L-1	Subcontracting Plan Outline		15	
L-2	Small Disadvantaged Business Participation Targets		1	
				
Attachment
Number				
1	Quality Assurance Surveillance Plan (QASP)		18	
2	Past Performance Questionnaire		4	

ALL EXHIBITS AND ATTACHMENTS FOR THIS SOLICITATION 
ARE POSTED SEPARATELY AT THE IRS WEBSITE 
http://www.irs.gov

To access the documents on the IRS internet site, proceed to “Contracting Opportunities”, “IRS Procurements”, “What’s New at Procurement”, then look for Solicitation Number TIRSE-12-R-00003, or Facility O&M Services for MIRSC.

 SECTION K
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1     CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991)(DEVIATION)  

   (a)  The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitations on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification.

   (b)  The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989,--
      (1)  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 awarding of a Federal contract resulting from this solicitation;
      (2)  If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) 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 this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and
      (3)  He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.

   (c)  Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code.  Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be file or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.
                                                                                                (End of provision)	

 
K.2   52.204-8  ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2012)  

 (a)
(1) The North American Industry classification System (NAICS) code for this acquisition is 561210.
(2) The small business size standard is $35.5M.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)
(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[_] (i) Paragraph (d) applies.
[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) 
(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.
(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
_X__ (i) 52.219-22, Small Disadvantaged Business Status.
_X__ (A) Basic.
___ (B) Alternate I.
___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
___ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.
___ (iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.
___ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
___ (vi) 52.227-6, Royalty Information.
___ (A) Basic.
___ (B) Alternate I.
___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov . After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.
FAR Clause	
Title	
Date	
Change	

  	

  	

  	

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.
(End of Provision) 	

K.3  52.209-7 Information Regarding Responsibility Matters.  (Jan 2011)  

(a) Definitions. As used in this provision_ 

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. 

“Federal contracts and grants with total value greater than $10,000,000” means: 

(1) The total value of all current, active contracts and grants, including all priced options; and 

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). 

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). 

(b) The offeror [__] has [__] does not have current active Federal contracts and grants with total value greater than $10,000,000. 

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: 

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: 

(i) In a criminal proceeding, a conviction. 
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. 
(iii) In an administrative proceeding, a finding of fault and liability that results in: 
(A) The payment of a monetary fine or penalty of $5,000 or more; or 
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000. 

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. 

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. 

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7). 
(End of provision) 	

K.4   IR1052-04-001 INSTRUCTIONS TO OFFERORS FOR PERFORMANCE REQUIREMENTS  

In support of the performance requirements stated in FAR clause 52.219-14, Limitations on Subcontracting, the following information shall be provided in the space below.  If not enough room has been provided below, please submit an attachment to Section K detailing the information required.

For services (except construction) add:

At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of   (Insert name of offeror' company or firm): ________________________.

Employees of  (Insert name of offeror' company or firm): ________________________ will provide the following services in fulfilling the contract requirements.  List the services and estimated cost of performance incurred for personnel, and provide brief narrative description.      

For supplies (other than procurement from a regular dealer in such supplies) add:
 
The (Insert name of offeror' company or firm): ________________________                                                                 shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

Employees of (Insert name of offeror' company or firm): ________________________ will perform the following work in fulfilling the manufacturing requirements.  List the items and estimated cost of manufacturing, not including materials, and provide brief narrative description.        

For general construction or construction by special trade contractors add:

 The (Insert name of offeror' company or firm): ________________________ will perform at least (Insert 15 or 25): _____ percent of the cost of the contract, not including the cost of materials, with its own employees.

Employees of (Insert name of offeror' company or firm): ________________________ perform the following work in fulfilling the contract requirements.  List the work and estimated percent of contract cost, and provide brief narrative description.

K.5  DUNS NUMBER

Dun & Bradstreet (D&B) provides a D-U-N-S Number, a unique nine digit identification number, for each physical location of a contractor’s business. D-U-N-S Number assignment is FREE for all businesses required to register with the US Federal government for contracts or grants. D&B can be accessed online at:  http://fedgov.dnb.com/webform

Registered Name of Company and location: ______________________________

DUNS No. _______________  +4 No. (if applicable) ________

 SECTION L
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.arnet.gov/far/

 Federal Acquisition Regulation (48 CFR Chapter 1) Clauses Incorporated by Reference

NUMBER	TITLE	
52.219-24	SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM--TARGETS (OCT 2000)	
52.222-24	PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999)	
52.252-5	AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)	

L.2  52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION 
        (JAN 2004)  

     (a) Definitions. As used in this provision- 

     "Discussions" are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer's discretion, result in the offeror being allowed to revise its proposal. 

     "In writing," "writing," or "written" means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information. 

     "Proposal modification" is a change made to a proposal before the solicitation's closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award. 

     "Proposal revision" is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations. 

     "Time," if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day. 

     (b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s). 
     (c) Submission, modification, revision, and withdrawal of proposals. 
(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision. 
          (2) The first page of the proposal must show- 
               (i) The solicitation number; 
               (ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available); 
               (iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item; 
               (iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and 
               (v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office. 
          (3) Submission, modification, revision, and withdrawal of proposals. 
                (i) Offerors are responsible for submitting proposals, and any modifications or revisions, 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 proposal or revision is due. 
               (ii)(A) Any proposal, modification, or revision 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- 
          (1) 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 proposals; or 
          (2) 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 
          (3) It is the only proposal received. 
                    (B) However, a late modification of an otherwise successful proposal that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. 
               (iii) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. 
               (iv) If an emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation, the time specified for receipt of proposals 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. 
                (v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award. 
          (4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or combination of items. 
          (5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation of Foreign Currency Offers, is included in the solicitation. 
           (6) Offerors may submit modifications to their proposals at any time before the solicitation closing date and time, and may submit modifications in response to an amendment, or to correct a mistake at any time before award. 
          (7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer. 
          (8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of notice by the Contracting Officer. 
     (d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror). 
     (e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall- 
          (1) Mark the title page with the following legend: 
This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]; and 
         (2) Mark each sheet of data it wishes to restrict with the following legend: 
Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. 
     (f) Contract award. 
          (1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation. 
          (2) The Government may reject any or all proposals if such action is in the Government's interest. 
          (3) The Government may waive informalities and minor irregularities in proposals received. 
          (4) The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. 
          (5) The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the proposal. 
          (6) The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so. 
          (7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer by the Government. 
          (8) The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government. 
          (9) If a cost realism analysis is performed, cost realism may be considered by the source selection authority in evaluating performance or schedule risk. 
          (10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party. 
          (11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: 
               (i) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. 
               (ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. 
               (iii) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. 
               (iv) A summary of the rationale for award. 
               (v) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. 
               (vi) 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) 	

L.3 52.216-1 TYPE OF CONTRACT (APR 1984)  

     The Government contemplates award of a firm-fixed-price (FFP) contract type for primary contract services (Basic Services), and for secondary services ordered on as-needed basis (Additional Services) a combination FFP and time-and-materials type contract resulting from this solicitation. (End of provision)	

L.4 52.233-2 SERVICE OF PROTEST (SEPT 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:   IRS, General Legal Services Public Contract Law Branch, 1111 Constitution Ave., NW, Room 6404, Washington, DC 20024. 
         (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)	

L.5  DT1052.219-73 Department of the Treasury Mentor Protege Program (January 2000)  

     (a) Large and small businesses are encouraged to participate in the Department of the Treasury Mentor-Protege Program.  Mentor firms provide small business proteges with developmental assistance to enhance their business capabilities and ability to obtain federal contracts.

Mentor firms are large prime contractors or eligible small businesses capable of providing developmental assistance.  Protege firms are small businesses, as defined in 13 CFR 121, 124, and 126.

Developmental assistance is technical, managerial, financial, and other mutually beneficial assistance to aid proteges.  Contractors interested in participating in the Program are encouraged to contact the Department of the Treasury OSBD or the Bureau of the OSBD for further information.
                           (End of provision)   	

L.6 IR1052-96-061 DISCUSSIONS AND CORRESPONDENCE  

       All communications concerning the solicitation, including any of a technical nature, must be made through the Contracting Officer.
Correspondence, including written questions, should be directed to the address shown in Block 8 of the Standard Form 33 and marked
for the attention of the individual whose name appears in Block 10A of that form.  All verbal communications should also be directed to that individual. Questions concerning any technical aspect of the solicitation must be in writing.  In order to ensure a timely response, questions should be received by the Contracting Officer at least 10 business days before the due date for receipt of proposals.  After this date, the Government will make every effort, but cannot guarantee that questions submitted will be answered before the RFP closing date.            [End of Provision]	

L.7 IR1052-96-120 DISPOSITION OF PROPOSALS  

       After evaluation, selection, and contract award, unsuccessful proposals will be disposed of as follows:  one copy of each proposal will be retained by the Contracting Officer and the remainder will be destroyed.          [End of Provision]	

L.8   SITE VISIT/PRE-PROPOSAL CONFERENCE

Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

A pre-proposal conference will be held on site at MIRSC located at 5333 Getwell Road, Memphis, TN 38118, during which time offerors will be given the opportunity to attend a guided tour of the facility.  The conference will be held  Wednesday, March 14, 2012, beginning at 10:00 a.m., local Central Time, unless otherwise rescheduled.  

NOTICE: ANY CHANGE TO THE CONFERENCE SCHEDULE, AS WELL AS OTHER CHANGES TO THE SOLICITATION, WILL BE POSTED ON THE IRS PROCUREMENT WEBSITE AS AN AMENDMENT TO THE SOLICITATION.  Offerors are responsible for monitoring the IRS website throughout the solicitation process. 

ONLY ONE CONFERENCE WILL BE HELD.  Offerors missing the conference will lose their opportunity to inspect the site. 

In order to be permitted into the facility, interested parties must register at least 2 business days (48 hours) in advance of the conference with the Contracting Officer, Linda Bender. Registration should be made via email to: Linda.bender@irs.gov , and provide the contractor's name and the names of conference attendees.  Acceptable identification (with photo) will be required to enter the facility.  

L.9   PROPOSAL PREPARATION INSTRUCTIONS  

L.9.1    General Instructions

a.	The Government will not pay any costs incurred in the preparation and submission of proposals.  Offeror shall submit response to this solicitation to the address shown in paragraph entitled "Mailing Instructions" below. 

b.	Faxed or E-Mailed offers will not be considered or evaluated.

c.	Offeror’s response must include (1) Business Proposal; (2) Price Proposal; and (3) Technical Proposal. Submittal is to be made in 3 separate volumes, individually titled. The original for each volume shall be clearly identified and marked “ORIGINAL” on the outside cover, and copies identified as “COPY”.  The Technical Proposal must be separately bound in standard loose-leaf, three-ring binders capable of lying flat when opened, with pages consecutively numbered and not exceed page limitation specified in L.9.4 below.  The volume number, copy number, title, solicitation number, and Offeror’s name shall be clearly identified on the cover and spine of each binder.  Refer to following chart for number of copies required, and applicable page limitations.    

VOLUME	Copies	Page Limit per Copy	
I.   Business Proposal
See “Volume I - Business Proposal” in L.9.2 below for specific proposal instructions.  Content includes, but is not limited to:

a.	Standard Form 33 
b.	Section G, Para. G.1.3, Program Manager Designation
c.	Section I, Para I.8, 52.219-4, Notice of Price Evaluation of HUBZone Small Business Concerns 
d.	Section J, Exh. L-1, Subcontracting Plan Outline (if applicable)
e.	Section J, Exh. L-2, Small Disadvantaged Business Participation Targets 
f.	Section K, Offeror Representations & Certifications
g.	Other required information
	Original + One Hard Copy 	No page limitation	
II.   Price Proposal 
See “Volume II - Price Proposal” in L.9.3 below for specific proposal instructions.  Content includes, but is not limited to:

a.	Section J, Exh. B-1, Price Schedule 
b.	Section J, Exh. E-1, PRST 
	Original + One Hard Copy, PLUS One Electronic Submission  (excel file) 
	No page limitation	
III.  Technical Proposal 
See “Volume III – Technical Proposal” in L.9.4 below for specific proposal instructions.  Content includes, but is not limited to:

a.	Tab 1:  Introduction
b.	Tab 2: Staffing Plan & Phase-In Plan
c.	Tab 3: Building Operations Plan
d.	Tab 4: Service Call Plan
e.	Tab 5: Preventive Maintenance Plan
f.	Tab 6: Additional Services Plan
g.	Tab 7: Subcontracting 
h.	Tab 8: Experience & Past Performance 	Original + Three Hard Copies bound in loose-leaf, 3-ring binders capable of lying flat when opened	150 Pages, see L.9.4

e.	Price Proposal limitations.  No page limitation, however, it is strictly limited to applicable information. 

f.	Proposals should be identified with offeror's company name and as being either the original document or copy.

g.	The proposal must be valid for a period of no less than 150 calendar days after submission.

h.	Transmittal envelopes or boxes shall include the solicitation number in the lower left corner: TIRSE-12-R-00003.

i.	Unnecessarily elaborate brochures or other presentations beyond that sufficient to present a complete and effective proposal are not desired. Elaborate artwork, expensive paper and bindings, and expensive visual and other presentation aids are not solicited.

j.	The offeror must submit a comprehensive technical proposal and price data to provide a basis for sound evaluation by the Government.  The information provided shall be concise, factual and complete.

L.9.2         Volume I - Business Proposal

Volume I includes the following:

a.	(1) Standard Form 33 (page 1), completed and signed by an authorized officer of the offeror's company - one signed original;  (2) Item G.1.3,  Project Manager, completed with Project Manager’s name, address, and phone number; (3) Section K, Representations and Certifications; and (4) if applicable, Item I.8, FAR 52.219-4, Notice of Price Evaluation of HUBZone Small Business Concerns.

b.	Offeror shall respond to the requirements of Sections D through I of the solicitation and indicate whether it proposes to comply.  The offeror shall identify all exceptions it takes to the requirements of the solicitation and all deviations from which it requests approval. 

c.	Financial Capability.  In accordance with FAR 9.1 Responsible Prospective Contractors must have adequate financial resources to perform the contract, or the ability to obtain adequate financial resources. The Offeror shall indicate whether financial resources are available to perform the contract without assistance from any outside source. If sufficient resources are not available, then indicate in your proposal the amount required and the anticipated sources (i.e., bank loans, letter or line of credit, etc.). In addition, please provide the lenders name and phone number so that credit information can be verified.  Offerors shall submit its certified financial statements for the previous two Fiscal Years, as well as for Fiscal Year (current to date).  If audited financial statements are not available, then the Offeror shall provide their unaudited financial statements and certified tax returns for the past two Fiscal Years.  If the Offeror is a partnership or joint venture, statements must be submitted for each party.  Financial statements shall include balance sheets, income statements, statement of cash flows and related explanatory notes.  

d.	Subcontracting Plan  (Exhibit L-1)  
      (This part does NOT apply to small business concerns)

(1)	This solicitation contains an evaluation factor related to the participation of small  business concerns performing as subcontractors for prime contractors who are other than small businesses.  Failure to submit and negotiate a subcontracting plan shall make the offeror ineligible for award of a contract.

(2)	Complete and submit Exhibit L-1, Department of Treasury Small, HUBZone Small, Small Disadvantaged and Women-Owned Business Subcontracting Plan Outline, or equivalent for evaluation.  Use of the subcontracting plan outline contained in Section J (Exhibit L-1) is optional, however, plans must contain all elements included in the outline. 

(3)	Pursuant to FAR 52.219-9, Small Business Subcontracting Plan, the offeror shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business concerns, small disadvantaged business, and women-owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option. 

(4)	Provide a record of previous experience in carrying out the goals of subcontracting plans during the past five years and include a copy of the FY2011 SF294 and SF295 subcontract reports, or other evidence of ability to achieve proposed goals. If the Offeror has had no previous contract requiring a subcontracting plan, please include a statement of that effect in the proposal. Note: Lack of previous contract requirement will neither enhance nor diminish evaluation of this factor.

(5)	Offeror(s) are encouraged to propose and demonstrate ability to EXCEED established Department Of  Treasury goals, as outlined in Exhibit L-1, page 1.  Refer to Item M.4, Small Business Participation Evaluation. 

(6)	The approved Subcontracting Plan of the successful offeror shall be included in and made a part of the resultant contract. 

e.  Small Disadvantaged Business Participation Targets (Exhibit L-2)
      (This part applies to ALL business concerns.)

(1)	This solicitation contains an evaluation factor related to the participation of small disadvantaged business (SDB) concerns in the contract.  In order to receive credit under the factor, the offeror must provide targets, expressed as dollars and percentages of total contract value, for SDB participation.  The targets may provide for participation by a prime contractor, joint venture partner, teaming arrangement member, or subcontractor; however, the targets for subcontractors must be listed separately.

(2)	Complete and submit Exhibit L-2, “Small Disadvantaged Business (SDB) Participation Targets”, or equivalent.  Use of the Exhibit L-2, “Small Disadvantaged Business (SDB) Participation Targets” contained in Section J is optional, however, plans must contain all elements included in the Exhibit. Note: Large Business concerns may substitute with submission of their Subcontracting Plan (required under item “d” above), provided all required SDB Participation Targets are included in the Plan.

(3)	Provide a record of previous experience in complying with SDB target during the past 5 years and include copies of the FY2011 SF294 and SF295 Subcontract Reports, or Optional Form 312, Small Disadvantaged Business Participation Report, or other evidence of ability to achieve proposed targets. If the Offeror has had no previous contract requiring a subcontracting plan or SDB participation report, please include a statement of that effect in the proposal.   Note: Lack of previous contract requirement will neither enhance nor diminish evaluation of this factor.

(4)	Offeror(s) are encouraged to propose and demonstrate ability to EXCEED the established Department Of  Treasury 5% SDB goal.  Refer to Item M.4, Small Business Participation Evaluation

(5)	Approved Participation Targets of the successful offeror will be included in and made a part of the resultant contract.

L.9.3       Volume II - Price Proposal.  

L.9.3.1     General

The Price Proposal shall encompass all prices associated with the requirements of the contract.   Pricing shall be provided for all line items, to include the Base Period and all Option Periods, and will include line item totals that in some cases, are based on estimated quantities the Government does not commit to actually ordering.  A Grand Total Summary schedule that includes the base period and all option periods is to be provided to confirm offeror’s total overall price used for evaluation purposes.  (Refer to Section M, Paragraph M.6, Price Evaluation, regarding evaluation methodology that will be used.)  Pursuant to FAR 52.222-43 (b), “The contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.”

The PRST (Exhibit E-1) is to reflect the contractor’s "Weight" assignment (i.e. % of contract value) for each contract line item listed in the Exhibit.  (Refer to Section E, Item E-2 for explanation of PRST) 

L.9.3.2     Specific  

a.  Price Schedule (Exhibit B-1):  
     (1) Offerors are to complete all pricing information based on the instructions provided in the Price Schedule.  Estimated quantities are included in Exhibit B-1 that will be used for evaluation purposes only.  Offerors are to include a Grand Total Summary under the Tab entitled “Summary”.  

Electronic copy:  The Price Schedule is input as a spreadsheet using Excel.  Offerors are to complete pricing information and return compact disk (CD) with Volume II.  The data contained on the CD submission may not have any password protection or other means that would prohibit the government from verifying formulas. 

 Hard copy:  A hard copy of the completed Price Schedule is to be printed and returned with Volume II reflecting offerors complete pricing information.  The offeror shall certify that the paper version of the proposal is exactly the same as the electronic version.

(2)  Offerors are to submit a separate breakdown of line item unit prices (i.e. firm-fixed price for Basic Services and fixed labor hour rates for Additional Services).  Breakdown should reflect how prices were derived, to include offeror’s direct costs (i.e. labor, materials, equipment, subcontract, etc.); indirect costs; and, fee.  

(3)  Offeror is to propose its indirect cost for materials (“Indirect Cost - Materials”) as a percentage of cost and provide supporting documentation for this indirect percentage rate that will be applied to reimbursable material costs under Additional Services task orders paid on time-and-material basis. Offeror is to submit  supporting documentation that reflects how the percentage/rate was derived. Notice: Offeror may include allocable indirect costs and other direct costs to the extent they are (i) Comprised only of costs that are clearly excluded from the hourly rate; (ii) Allocated in accordance with the Contractor’s written or established accounting practices; and (iii) Indirect costs are not applied to subcontracts that are paid at the hourly rates.

(4)  Offeror is to propose its “Coefficient” (as a positive or negative percentage) to be applied to applicable RS Means bare material costs when using the approved RS Means Pricing Guide for Additional Services task order quotes based on firm-fixed prices. Offeror is to submit supporting documentation that reflects how the percentage/rate was derived.

b.  PRST (Exhibit E-1):  Offerors are to complete column 7, "Weight" by applying the percent of contract cost attributed to performance of each contract line item. See Section E, Item E.2 (a)(7) for explanation of weight. 

L.9.4       Volume III - Technical Proposal

L.9.4.1     General

The technical proposal shall consist of the offeror's response to the requirements of the Performance Work Statement (PWS), as outlined in Section C herein.  The offeror shall identify all exceptions it takes to the technical requirements of the solicitation and all deviations from which it requests approval. 
 
Offerors are advised that there are two technical evaluation factors that will be used to evaluate proposals, each with subfactors, as listed below:

a.  Technical Approach:
(1)  Staffing Plan and Phase-In Plan
(2)  Building Operations Plan
(3)  Service Call Plan
(4)  Preventive Maintenance (PM) Plan
(5)  Additional Services Plan
(6)  Subcontracting 

b.  Experience and Past Performance:
            (1)  Relevant Work Experience
            (2)  Record of Past Performance

L.9.4.2     Specific  

a.  Technical  Proposal Limitations:

(1) The proposal shall not exceed 150 pages.  The page limitation does not include table of contents, dividers.  Pages in excess of 150 will be removed without being evaluated.  No material may be incorporated by reference. 

(2) The technical proposal text shall be printed on 8 1/2" x 11" paper using no smaller than 12-point font (one sheet of paper printed on both sides shall count as two pages).  Foldouts no larger than 11" x 17" may be used as appropriate for illustrations and charts.  Foldouts shall be printed on one side only and shall count as two (2) pages.  ALL PAGES MUST BE CONSECUTIVELY NUMBERED.  In order to reduce redundancy in the proposal, the offeror may reference another section in the proposal rather than duplicate the information in more than one location; however, consistency in the logical flow of the subject matter must be maintained. Where use of subcontractor(s) is proposed, the proposal shall clearly distinguish between the prime contractor's and the subcontractor's work and responsibilities.

b.  To facilitate evaluation, proposals should follow the same general outline using the various components specified in L.9.4.2.1 through L.9.4.2.9.

L.9.4.2.1     	Tab 1 - Introduction   
Executive Summary - The Executive Summary shall provide a synopsis of the Offeror’s proposal, highlighting salient features and strengths.  The Executive Summary shall contain the Offeror’s overall understanding of the solicitation, an introduction of the Offeror, the management team that will manage this effort, a discussion of the Offeror’s proposed approach for accomplishment of the requirements.  If the proposal is comprised of a teaming arrangement, the Offeror shall provide a brief summary of each team member to include:  the full company name, address, point of contact and current phone number, a description of services the team member will perform under this contract and a reference to the applicable area in Section C.  Indicate whether or not the Offeror has past experience working with the proposed team member and if so, indicate how much experience the Offeror has with the proposed team member working together as partners on similar work elements in the past.  This information shall also be provided for all major subcontractors.

Matrix - Offerors may choose to provide proposals that exceed the solicitation requirements.  If Offerors elect to provide proposals that exceed minimum requirements, Offerors must include a matrix in which they identify any areas of their proposal exceeding the Government’s minimum requirements and the cost associated with the proposed approach.  Identify the proposed enhancement(s) in the context of exceeding the levels of performance or performance quality contained in the PWS. 

If the Government determines that one or more of the proposed enhancement(s) have a benefit to the Government, and, if the Offeror’s proposal is selected for award, the Government will incorporate those enhancements(s) into the PWS.  The revised PWS will then contain the higher–level requirements with which the contractor must comply.  

L.9.4.2.2	Tab 2 - Staffing Plan and Phase-In Plan

a.  Offerors shall submit the following information as a part of its Staffing Plan.  
(1)  Submit an organization chart that clearly identifies all project personnel by position title. Provide position titles, the numbers, trades and skill levels of personnel in each position (e.g., journeyman electrician 2, apprentice electrician – 1, etc). The chart should show the lines of supervisory control of the various elements of the organization and show the number of personnel in each position by trade.  Include proposed subcontractors in the organization chart to demonstrate the lines of management and control over the subcontractors.  This chart will be included into the resultant contract. 
(2)   Submit resumes for key personnel, to include the proposed project manager and shift supervisor.  Identify the authority/limits and dollar level/limit of financial commitment of each of the levels to hire or replace personnel, enter into subcontract arrangements, purchase materials and equipment, and negotiate task orders and contract changes.
 
(3)  Describe how personnel will be scheduled to meet the required on-site staffing hours.  The proposal shall identify the length of work periods, the skills that will be available during each period, and any standby/recall procedures that will be placed into effect to augment shift staffing.  Provide detailed shift schedules for all personnel associated with providing 24 hour-coverage at the MIRSC campus. Specifically address the number of personnel per shift, start and stop time of each shift, and provide an example of one complete 30 day shift rotation/schedule for the MIRSC campus.
(4)  Describe the recruitment and employment methods that will be used to staff the organization, initially and during the contract period.  Include a table of personnel sources, noting the percentage of the total workforce to be recruited from the following (i) the Offeror’s own resources, (ii) incumbent contractor personnel, and (iii) outside recruitment.

b.  Offerors shall submit its Phase-in Plan that discusses its approach for meeting the requirements of Section C, Paragraph 3.10.  The plan shall include milestone charts and address all of the requirements in PWS Paragraph 3.10.1.   Specifically discuss (1) staffing proposed to prepare the workforce to assume full operations on the first day of contract performance; (2) procedures to be used for the “Existing Condition Inspection” (3) level of detail to which the “Existing Condition Inspection” will be conducted and (4) timeline for phase-in including all milestones for significant phase-in events, such as:
•	“Existing Condition Inspection”;
•	“Existing Condition Inspection” report submittal date;
•	How, when, and by whom the CMMS system will be updated and made ready to meet the requirements of the contract during the base contract period.
•	Completion of material stocking effort;
•	Effecting necessary subcontracts; 
•	Obtaining necessary clearance for all employees;
•	Achieving full staffing levels; and
•	Submittals identified in Technical Exhibit TE-6, Item A.

L.9.4.2.3     Tab 3 - Building Operations Plan

Offerors shall prepare and submit a sample Building Operations Plan (BOP) that specifically addresses its plan for meeting the requirements of the Paragraph C.3.1.1 including both summer and winter operations. 

Address the following information:
a.	Heating Ventilation and Air Conditioning (HVAC) equipment operations to achieve energy efficiency for various ambient outside temperature levels;
b.	HVAC equipment operations to achieve facility ventilation;
c.	HVAC equipment operations to enhance the reliability of critical equipment and subsequent reduction in risk to the IRS mission;
d.	Energy intense equipment (all equipment above 5HP) start up and shut down schedules and operating procedures to achieve sound energy management practices while at the same time providing a building environment in accordance with this solicitation;
e.	Achievement and maintenance of temperatures in all facilities;
f.	Achievement and maintenance of temperature in facility unoccupied spaces;
g.	Procedures to achieve climate conditions for Information System equipment and other specialized equipment;
h.	Operating Interior lighting operations plan;
i.	Operating Exterior lighting operations plan;
j.	Operations to protect facility and equipment during extreme cold;
k.	Chilled Water and Hot Water resets based on indoor and outside temperatures/weather;
l.	Procedures for use of Government-furnished free cooling building equipment to save energy;
m.	A specific description of how and when equipment operational checks will be performed;
n.	A description of how and how often automated control systems for building equipment will be backed-up;
o.	A description of the procedures for how all outages to building equipment and systems will be requested in advance.  All non-emergency non-PM related outages shall be approved by the COR a minimum of 24 hours in advance;
p.	Description of complete water treatment program for all systems; and
q.	Description of how and when all required reports will be accomplished

L.9.4.2.4     Tab 4 - Service Call Plan

Offerors shall clearly describe their approach for meeting the requirements of the PWS (re: Paragraph C.3.3).

Specifically address the following as a minimum: 
a.	How service calls will be received during normal and after hours;
b.	How service calls will be received, opened, closed, and documented, etc.;
c.	How repair requirements will be identified and handled as service calls and incorporated with the QC Program;
d.	Procedures to be used in preparing cost estimates for labor, material and equipment and performing repair service calls with a cost greater than $7,500;
e.	What materials and equipment are required to support service call work under $7,500;
f.	What service call materials will be stocked on-site; and
g.	How technical assistance will be provided.

L.9.4.2.5     Tab 5 - Preventive Maintenance (PM) Plan

Offerors shall clearly describe their approach for meeting the requirements of the PWS (re: Paragraph C.3.4).

Specifically address the following as a minimum:
a.	How the PM schedule will be updated and generated; 
b.	How PM task orders will be assigned; 
c.	What PM standards and procedures will be used for equipment maintenance;
d.	What equipment the contractor will need to develop a PM Guide card for;  
e.	How PM will be closed-out and equipment records will be updated in CMMS; 
f.	How COR will be notified when it is necessary to defer PM; 
g.	How deferred PM will be re-scheduled and documented when deferred and completed; 
h.	How equipment history database will be established and maintained; 
i.	Approach for “Certification and Testing” requirement (See PWS Paragraph 3.4.6) including names of individuals or firms that will perform the certification and testing and the certification and testing schedule;
j.	How PM Program will be integrated into the QC Program;
k.	How equipment will be tagged with updated equipment ID numbers; and  
l.	List of critical spare parts for equipment PM and repairs activities that will be maintained on-site.

L.9.4.2.6     Tab 6 - Additional Services Plan

Offerors shall clearly describe their approach for meeting the requirements of the PWS (re: Paragraph C.4), identifying how requests for Additional Services work will be estimated, proposed, staffed and/or subcontracted, scheduled, controlled, and inspected,.

Specifically discuss the following areas: 
a.	Procedures, staffing, and response times to be used in preparing cost estimates for labor, subcontracted work, material, and equipment for additional services task orders; 
b.	Procedures for scheduling additional services task orders; 
c.	Identify the source of staffing for additional services task orders; 
d.	Procedures for managing and assuring quality work performed on additional services task orders;
e.	Process of how repair requirements identified by the Offeror during the QC process will be handled;
f.	Procedures to be used in preparing cost estimates for labor, material and equipment and performing additional services service calls with a cost greater than $7,500;
g.	Describe the materials and equipment required to support service call work and how they will be obtained;
h.	Describe how technical assistance will be provided; 
i.	Describe how Offeror will open, close, document, and maintain database records for all Additional Services task orders; and
j.	Indicate how Additional Services work performed by Offeror personnel will be accomplished (by normal staffing, overtime, over hires, etc.).
 
If the Additional Services work is to be performed by subcontract, indicate how subcontractors will be obtained, scheduled, and managed to meet the required delivery dates of the Additional Services task orders.  Also, describe contracts or other means the Offeror may have in place to meet the contract requirements.

L.9.4.2.7     Tab 7 -Subcontracting 

Specifically discuss the following areas: 
a.	Discuss the functions that will be subcontracted for performance of Basic Services.
b.	Illustrate how you will recruit and retain qualified subcontractors and manage their performance.
c.	Offeror shall select proposed subcontractors (including suppliers) on a competitive basis to the maximum extent practicable consistent with the objectives and requirements of the solicitation.  Competitive solicitation of proposed subcontractors shall be discussed in this section.  Non-competitive selection of proposed subcontractors must be justified.
d.	Unless expressly provided in any resulting contract, award of the contract shall not be construed as the consent or authorization by the IRS to the selection of any proposed subcontractors.

  L.9.4.2.8     Tab 8 - Experience and Past Performance. 

PAST PERFORMANCE:  In the case of an offeror without a record of relevant past performance or from whom information on past performance is not available (including information pertaining to predecessor companies, key personnel, or subcontractors that is relevant to the acquisition), the offeror will not be evaluated favorably or unfavorably on past performance.  The government shall consider information submitted in response to the solicitation, as well as information obtained from any other source when evaluating the offeror's past performance.

a.   Specifically address the following items and submit requested information in the order listed:

(1) Provide a short overview of your past performance history

(2) Provide a concise discussion of any awards, certifications or special recognition including the date.

(3) Provide a list of all active or completed contracts during the last three years.  This list shall only include the offeror's contracts or subcontracts greater than $1 million annually.  For this list, include the contract name, contract number, brief description and points of contacts with their phone numbers.  Asterisk contracts you consider relevant to this solicitation.  

(4) Provide a list of any contract(s) terminated within the past five years for other than convenience of the government. If none, so state. 

(5) Provide references on relevant contracts, active and underway for a minimum of 12 months or completed within the last three years.  The government will focus on information that demonstrates quality of performance relative to the size and complexity of the procurement and customer satisfaction.  For each reference provide a brief description of the scope of the contract and state why the contract is considered relevant.  Offerors should identify any cost savings or efficiencies achieved as well as problems, weaknesses and/or deficiencies in the performance of the contracts given as references.  The processes, corrective actions or method of problem resolution used to correct the weaknesses or deficiencies should be discussed.  

List of references shall only include the Offeror’s prime contracts to perform all facilities operations, maintenance, and repair services in buildings with greater than  158,753 square feet of mainframe computer room space and  741,380  square feet of office space with building populations of more than  2,700 personnel (single building with campus or campus with no more than 2 buildings).  Relevant experience shall encompass operations, maintenance, construction and alterations, and repair services for facilities with similar size and complexity of equipment.  

(a) For each reference provide the following information about each contract:
 (i)     Name and address of contracting activity to which service is/was  provided  (government or commercial entity)
 (ii)    Contract number
 (iii)   Contract title
 (iv)   Contract type (fixed-price; labor-hour; time-and-materials; cost     reimbursement)
  (v)   Original contract amount and current contract amount.  Explain the reason for any difference
  (vi)   Contracting activity's names, telephone numbers
  (vii)  Program/Project manager's names, telephone numbers
  (viii) Contract level (prime or subcontract)
  (ix)   Date of award
  (x)    Contract completion/projected completion

(b) Additionally, for each contract referenced, include a brief description of the scope of the contract as follows

(i)	Size of facility
(ii)	Size of building (s) 
(iii)	Amount of mainframe computer room space maintained
(iv)	Population of facility
(v)	Hours of facility operations
(vi)	Number of full-time and part-time on-site personnel provided daily 
(vii)	Indentify large repair and construction and alteration projects completed with a cost of more than $100,000
(viii)	Identify the size, capacity, and age of major building equipment maintained including, but not limited to
(ix)	Uninterrupted Power Supplies 
(x)	Central chilled water plants 
(xi)	Central Cooling Tower Systems 
(xii)	Central Air Handling Units 
(xiii)	HVAC Building Automation Systems 
(xiv)	Emergency generator systems 
(xv)	Boiler steam and hot water heating systems
(xvi)	Computer room HVAC systems
(xvii)	Building wide Fire Alarm systems
(xviii)	Multiple Elevator systems (number of elevators and number of floors served)
(xix)	Medium and High Voltage Electrical Systems
(xx)	Identify any cost savings or efficiencies achieved.
(xxi)	Indicate any performance incentives and award fees earned versus total award fee pool.
(xxii)	Identify any contract deductions for poor or non performance 
(xxiii)	Describe any prior relationship with proposed subcontractors or any teaming arrangements and state how the past experience may benefit this procurement.

b.   Offerors should send letters to their references and points of contact cited above authorizing the government to obtain past and present performance information and indicate in the proposal that the letters have been sent.  

c.   The offeror shall provide copies of Attachment 2, "Past Performance Questionnaire" to its references to complete and return directly to the Contracting Officer. The government desires receipt of completed questionnaires from at least four references, preferably for relevant contracts.  However, if four references are not available, offeror should consider other references that could provide evaluation of offeror's work that is similar in nature.  The questionnaires should be returned directly to the IRS Contracting Officer by the closing date of the solicitation (refer to block 9 of the Standard Form 33, Solicitation, Offer, and Award).   Although the provision for receipt of late proposals will not be applied to receipt of the Questionnaire, receipt by the IRS Contracting Officer after the closing date may result in the Questionnaire being omitted from consideration in the evaluation of offeror’s past performance.  

d.  Failure to provide the information requested by this section may adversely affect the performance confidence assessment by the government.  Offerors are reminded that both independently obtained data and data provided by offerors in their proposal may be used to assess offeror's past performance.  It is the offeror's responsibility to validate reference contact information, including telephone numbers and addresses for points of contact.  

L.10  MAILING INSTRUCTIONS

Proposals shall be forwarded to Office of Field Procurement Operations address listed below by either, Regular Mail, Express Mail, Courier or Hand Carry:
		
               Internal Revenue Service
               Field Procurement Branch – Southeast Area
               Attn.: Linda Bender
               2888 Woodcock Blvd., Suite 300, Stop 80-N
               Atlanta, GA 30341
                   		
Phone: 404/338-9210

L.11   PROPOSAL FORMS AND OTHER REQUIRED DOCUMENTS TO BE REMOVED, COMPLETED AND RETURNED AS PART OF OFFER

Section A
      Standard Form 33 – Solicitation (Submit 1 signed original)

	Section B
       Price Schedule (Exhibit B-1) (Submit 2 hard copies and 1 electronic copy
       complete with pricing for all line items)

	Section G
       G.1.3,  Project Manager

Section K
Complete and return K.2, 52.204-8, Annual Representations and Certifications;
K.3, 52.209-7, Information Regarding Responsibility Matters; 
K.4, IR1052-04-001, Instructions to Offerors for Performance Requirements; and
K.5 

PRST (Exhibit E-1)  (Submit 1copy complete with assigned Weights in Column 7) 

Exhibit L-1, Subcontract Plan Outline, or equivalent (If Applicable) 
Exhibit L-2, Small Disadvantaged Business Participation Program Targets, or equivalent 

 SECTION M
EVALUATION FACTORS FOR AWARD

M.1 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.arnet.gov/far/

 Federal Acquisition Regulation (48 CFR Chapter 1) Clauses Incorporated by Reference

NUMBER	TITLE	
52.217-5	EVALUATION OF OPTIONS (JUL 1990)	

 M.2  BASIS OF AWARD

Award will be made to that offeror whose proposal contains the combination of criteria offering the best overall value to the Government. This will be determined by comparing differences in the value of technical features with differences in the offerors' prices. In making this comparison the Government is more concerned with technical quality than price to the Government.  

In the event these compared differences result in two or more highest rated proposals being otherwise equal in overall value to the government (technical and price factors considered), award preference based on evaluation of proposed contracting/subcontracting opportunities for designated small business groups will be applied as outlined under “Small Business Participation Evaluation” below.  

M.3    EVALUATION FACTORS

Evaluation factors include small business participation; technical factors; and price.  Evaluations will be performed as described below.    All evaluation factors, other than cost or price,  when combined, are significantly more important than cost or price.  

Small business participation will be evaluated as discussed below under “Small Business Participation Evaluation” and will be rated as acceptable or unacceptable, with award preference applied in event of equally rated proposals. The technical factors listed below under "Technical Evaluation" will be rated using adjectival ratings; offeror(s) with no past performance, as outlined in Section L, Item  L.9.4.2.8, “Tab 8 - Experience and Past Performance”,  will not be evaluated favorably or unfavorably and will receive a “neutral” rating.   Price will be evaluated as described below under "Price Evaluation”.  

M.4   SMALL BUSINESS PARTICIPATION EVALUATION

Small business participation will be evaluated based on offerors’ proposed “Subcontracting Plans” and “Small Disadvantaged Business (SDB) Participation Program Targets”.

M.4.1  Subcontracting Plan (DOES NOT APPLY TO SMALL BUSINESS CONCERNS)
Prime contractors, other than small businesses, are required to submit their proposed SUBCONTRACTING PLANS (refer to Section L, Item L.9.2.d) that offer small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns the maximum practicable opportunity to participate in contract performance consistent with  efficient performance.
Subcontracting Plans will be evaluated to determine extent of practicable opportunities targeted for small businesses and will be deemed either “acceptable” or “unacceptable”.   Unacceptable plans are ineligible for contract award.

IRS encourages offerors to support the Department of Treasury subcontracting goals outlined in Exhibit L-1, page 1.  In the event of equal or tied evaluation results among two or more highly rated offers, award will be based on the extent of proposed small business participation, as outlined in  M.4.3 below.

M.4.2   Small Disadvantaged Business Participation Targets
All contractors, both large and small business concerns, are required to submit their SMALL DISADVANTAGED BUSINESS (SDB) PARTICIPATION TARGETS (refer to Section L, Item L.9.2.e).  Proposed participation targets will be evaluated to determine extent of practicable participation of SDB concerns (either as contractor, including joint ventures or teaming arrangements, or subcontractor(s)) and will be deemed either “acceptable” or “unacceptable”.  Unacceptable plans are ineligible for contract award.

IRS encourages offerors to support the Department of Treasury’s 5% goal for SBD concerns.  SDB Participation Targets. In the event of equal or tied evaluation results among two or more highly rated offers, award will be based on the extent of proposed small business participation, as outlined in  M.4.3 below.

M.4.3  Award  Preference Based On Extent of Small Business Participation

An award preference is included to encourage businesses to maximize contracting or subcontracting opportunities among designated small business (SB) groups.  Offerors proposing to exceed Dept. of Treasury SB goals, together with demonstrating ability to achieve proposed goals, will be given highest preference for award in the event that two or more apparent successful offers are found equal in value as result of technical and price evaluations. 

The offeror proposing the greatest contracting/subcontracting opportunities to designated small business groups (based on evaluation of acceptable SDB Participation Program Targets and, if applicable, Subcontracting Plans) will receive the award, based on the following order of award priority: 

	#1.  Award to Small Business (SB), or Large Business (LB) with acceptable Subcontracting Plan (SP), that proposes greatest extent of SDB participation based on all targets exceeding 5%.

	#2.  Award to SB, or LB with acceptable SP, that proposes greatest extent of subcontracting opportunities* based on exceeding Dept. of Treasury goals among all designated groups.

	#3.  Award to SB, or LB with acceptable SP, that proposes greatest extent of subcontracting opportunities* among designated groups.

	*Note:  Subcontracting opportunities of a small business concern, when comparison is made with a large business concern, will be considered EQUAL in ALL designated groups, EXCEPT for SDB participation.  SDB participation will be based on evaluation of each offeror’s proposed SDB Participation Program Targets.

M.5 TECHNICAL EVALUATION 

The technical factors set forth below will be used in establishing qualified sources from a technical standpoint.  The two factors, (a) Technical Approach and (b) Experience and Past Performance, are of equal importance.  All sub-factors within each factor are of equal importance to each other.  

a. Technical Approach:
(1)  Staffing Plan and Phase-In Plan
(2)  Building Operations Plan
(3)  Service Call Plan
(4)  Preventive Maintenance (PM) Plan
(5)  Additional Services Plan
(6)  Subcontracting 

b. Experience and Past Performance:
(1)  Relevant Work Experience
(2)  Record of Past Performance
Notice:  Proposals will only be accepted from contractors regularly established in the business relevant to the scope of work, and have minimum experience performing as the prime on at least one relevant contract.   Relevant contract is defined as facilities operations, maintenance and support contract for government or non-government organization of comparable size and complexity. See Section L, paragraph L.9.4.2.8.a(5) for experience relevant to MIRSC.  
M.6    PRICE EVALUATION

a.  Offerors are to submit unit prices for all contract line items in Exhibit B-1, Price Schedule. (Refer to Section L, Paragraph L.9.3, Volume II - Price Proposal.)  Price evaluation will be undertaken concurrently with the technical evaluation.  Proposed unit price(s) and resulting total price for each contract line item will be evaluated.  

b.  Price or cost analysis will be conducted by using one or more techniques cited in FAR text at 15.404 to determine whether or not proposed prices are reasonable.

c.  All proposed pricing, to include option period prices, shall be analyzed to determine whether the proposal is materially unbalanced with respect to separately priced line items, or total pricing.  If an offer is materially unbalanced it may be rejected.

d.  For purpose of comparing proposed prices received in response to the solicitation, a "Total Evaluated Contract Price" (TECP) will be calculated using fixed and estimated  quantities, as indicated in Exhibit B-1, Price Schedule.  NOTICE: Where applicable, the Government will apply a 10% price factor in accordance with 52.219-4, Notice of Price Evaluation Preference for HubZone Small Business Concerns.

e.  TECP calculation will be as follows:
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 
DESCRIPTION      			QUANTITY   	   PROPOSED         EVALUATED                                       	 	            			  	   UNIT PRICE         TOTAL
                                      	 		
Basic Services  		 	  Months     X    $Monthly rate   =   $Total
           
Additional Services (Labor Category)  Hours       X    $Hourly rate     =   $Total

Indirect Cost - Materials	 	  Dollars     X     Rate%              =   $Total

RS Means Coefficient			  Dollars     X     Rate%              =   $Total

Start-up Fee (Base Period only)	  1               X     $Fee	   	   =   $Total
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  
Total prices will be calculated by multiplying each quantity listed in the Price Schedule by offeror's corresponding proposed unit price for Base Period and each Option Period (I-V).  

The Grand Total Summary (sum of totals for Base Period and all Option Periods) PLUS 10% PRICE FACTOR (IF APPLICABLE PURSUANT WITH FAR 52.219-4) equals the "Total  Evaluated Contract Price" that will be used FOR EVALUATION PURPOSES ONLY.  The government makes no commitment to expending an amount equal to the TECP.