Loren Data's SAM Daily™

FBO DAILY ISSUE OF SEPTEMBER 30, 2010 FBO #3232
SOLICITATION NOTICE

X -- Conference Space and Services, San Antonio, Texas - Package #1

Notice Date

9/28/2010
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

721110 — Hotels (except Casino Hotels) and Motels
 

Contracting Office

Office of Personnel Management, Boyers Contracting Group, Boyers Contracting Group, 1137 Branchton Road, Boyers, Pennsylvania, 18018, United States
 

ZIP Code

18018
 

Solicitation Number

OPM15-10-R-0011
 

Archive Date

11/3/2010
 

Point of Contact

Walter J. Werner, Phone: 7247947173, James C. Thieme, Phone: (724) 794-7171
 

E-Mail Address

walter.werner@opm.gov, james.thieme@opm.gov
(walter.werner@opm.gov, james.thieme@opm.gov)
 

Small Business Set-Aside

N/A
 

Description

Statement of Work for San Antonio, Texas Contracting Office Address:The U.S. Office of Personnel Management Boyers Contracting Group, FSC ATTN: Walter Werner 1137 Branchton Rd. Boyers, PA 16018-0618 DESCRIPTION This is a combined synopsis/solicitation for commercial services prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.102 (g) and in the format in Subpart 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Proposals are being requested and a written solicitation will not be issued. The Solicitation number is: OPM15-10-R-0011 and is issued as a Request for Proposals (RFP). This solicitation document incorporates all mandatory commercial item provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2005-42 effective 16 June 2010. The applicable North American Industrial Classification System (NAICS) code is: 721110 in category X: Lease or Rental of Facilities. This procurement is unrestricted, allowing both large and small business to submit proposals. The Office of Personnel Management (OPM) Federal Investigative Service (FIS) is soliciting proposals for: Conference Event Venue, Accommodations, and Services. The contractor shall provide all labor, incidental materials, and other services necessary to render services under this contract, see attached Specifications. OFFERS addressing the attached Specifications WILL BE ACCEPTED up to: 15:00 EDT on October 19, 2010. DELIVERABLES: See Statement of Work, attached to this Notice, for description and details on requirements, including desired dates for service. OFFER EVALUATION: It is the intent of the U. S. OPM-FIS to award a best value contract therefore; any additional supplemental information, alternatives, or unique offers will be welcomed. If such information is included in proposals please summarize and explain the unique value added to enable appropriate technical and cost evaluation. The Evaluation factors in descending order of importance are: (1)Technical capability (2)Past Performance (3)Price Price while less important than technical capability or past performance will become more critical as technical scores approach equality. ADDITIONAL INFORMATION Contracting Office Address: U.S. Office of Personnel Management, Boyers Contracting Group, 1137 Branchton Road, Boyers, PA 16018 Place of Performance: San Antonio, Texas area. Point of Contact: Walter Werner, Phone: 724.794.7173, Fax: 724.794.7199, Email: Walter.Werner@opm.gov. TERMS AND CONDITIONS: Quotations are due by 3:00pm local time in Boyers, PA on Tuesday, October 19, 2010. Email responses referencing RFP number in subject line are preferred and should be sent to: Walter.Werner@opm.gov. Vendors wishing to submit questions must do so in writing by 3:00pm local time in Boyers, PA on Tuesday, October 12, 2010. Email submissions are preferred. Submit to: Walter.Wernerg@opm.gov Quotations shall also include the following information: 1.RFP number. 2.Time specified for receipt of offers. 3.Name, address, telephone number, and email address of offeror. 4.Price for each line item in the requirement given above and any discount terms, including discounts for prompt payment. 5.A completed copy of the representations and certifications at FAR 52.212-3. Representations and certifications may be filed electronically at www.orca.bpn.gov. 6.Prospective contractors must be registered in the Central Contractor Registration database. Information regarding CCR requirements may be obtained at www.ccr.gov. 7.The Offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. 8.Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt shall not be considered. 9.Award evaluation shall be in accordance with FAR 13.106-2 and shall be based on technical capability, past performance and price. This solicitation will be posted on the FBO.gov Internet website only. Offers that fail to furnish the required information and representations, or those which reject the terms and conditions of the solicitation may be excluded from consideration. The following clauses and provisions apply to this acquisition: The following are inserted by reference: FAR 52.212-1, Instructions to Offerors-Commercial Items (to be submitted with offer); 52.212-2, Evaluation-Commercial Items; FAR 52.212-3, Offeror Representations and Certifications-Commercial Items “An offeror shall complete only paragraph (j) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.”; FAR 52.212-4. FAR 37.107, The Service Contract Act of 1965 (41 U.S.C. 351-357) provides for minimum wages and fringe benefits as well as other conditions of work under certain types of service contracts. The latest wage determination (number 1995-0260, revision 25) for Bexar County, TX shall be included by reference only in this combined action, but will be incorporated in full text to the successful offeror. The full text of FAR references may be accessed electronically at website http://www.acquisition.gov/Far/. Vendors not registered in the Central Contractor Registration (CCR) database at the time the requirement is to be awarded will not be considered. Vendors may register with CCR by calling 1-888-227-2423 or (269) 961-5757, or by accessing www.ccr.gov. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (Jul 2010) CERTAIN PORTIONS OF THIS CLAUSE HAVE BEEN OMITTED DUE TO LENGTH RESTRICTIONS ON FBO. FULL TEXT OF THE CLAUSE IS AVAILABLE AT WWW.ACQUISITION.GOV/FAR/ (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). __ (11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)). __ (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). _X_ (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). _X_ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _X_ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). _X_ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). _X_ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). _X_ (27) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) _X_ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). _X_ (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). _X_ (41) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). _X_ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). _X_ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) Reserved. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. OPM-Specific Clauses 1752.205-70Announcement of Contract Award (July 2006) OPM complies with FAR 5.3, Synopses of Contract Awards, in terms of synopsizing and publicly announcing contract awards. These actions take place at the time of, and not before, the contract is awarded. Contract award, in this case, means signature of the contractual document by the Contracting Officer and forwarding of the contractual document to the contract awardee. If the contract awardee wishes to make a separate public announcement, the awardee must obtain the approval of the Contracting Officer prior to releasing the announcement, and must plan to make announcement only after the contract has been awarded. 1752.209-74Organizational Conflicts of Interest (July 2005) (a)The Contractor warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest (OCI), as defined in FAR 9.5, Organizational and Consultants Conflicts of Interest, or that the Contractor has disclosed all such relevant information. (b)The Contractor agrees that if an actual or potential OCI is discovered after award, the Contractor shall make a full disclosure in writing to the Contracting Officer. This disclosure must include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict. (c)The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an OCI. If the Contractor was aware of a potential OCI prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contacting Office, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (d)The Contractor must include this clause in all subcontracts and in lower tier subcontracts unless a waiver is requested from, and granted by, the Contracting Officer. (e)In the event that a requirement changes in such a way as to create a potential conflict of interest for the Contractor, the Contractor must: (1)Notify the Contracting Officer of a potential conflict, and; (2)Recommend to the Government an alternate approach which would avoid the potential conflict, or (3)Present for approval a conflict of interest mitigation plan that will: (i)Describe in detail the changed requirement that creates the potential conflict of interest; and (ii)Outline in detail the actions to be taken by the Contractor or the Government in the performance of the task to mitigate the conflict, division of subcontractor effort, and limited access to information, or other acceptable means. (4)The Contractor must not commence work on a changed requirement related to a potential conflict of interest until specifically notified by the Contracting Officer to proceed. (5)If the Contracting Officer determines that it is in the best interest of the Government to proceed with work, notwithstanding a conflict of interest, a request for waiver must be submitted in accordance with FAR 9.503. 1752.209-75Reducing Text Messaging While Driving (Oct 2009) (a)In accordance with Section 4 of the Executive Order, “Federal Leadership on Reducing Text Messaging While Driving,” dated October 1, 2009, you are hereby encouraged to: (1)Adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or Government-owned, -leased or –rented vehicles, or while driving privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government; and (2)Consider new company rules and programs, and reevaluating existing programs to prohibit text messaging while driving, and conducting education, awareness, and other outreach for company employees about the safety risks associated with texting while driving. These initiatives should encourage voluntary compliance with the company’s text messaging policy while off duty. (b)For purposes of complying with the Executive Order: (1) "Texting" or "Text Messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. (2) "Driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light or stop sign, or otherwise. It does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. 1752.222-70Notice of Requirement for Certification of Nonsegregated Facilities (July 2005) By signing this offer or contract, the contractor will be deemed to have signed and agreed to the provisions of Federal Acquisition Regulations (FAR) Clause 52.222-21, Certification of Nonsegregated Facilities, incorporated by reference in this solicitation/contract. The certification provides that the bidder or offeror does not maintain or provide for its employees, facilities which are segregated on a basis of race, color, religion, or national origin, whether such facilities are segregated by directive or on a de facto basis. The certification also provides that the bidder/offeror does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. FAR Clause 52.222-21 must be included in all subcontracts as well. 1752.222-71 Special Requirements for Employing Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (July 2005) (a)If this contract contains FAR Clause 52.222-35 (Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans), your company must comply with the requirements of this clause, including the listing of employment opportunities with the local office of the state employment service system. (b)If this contract contains FAR clauses 52.222-37 (Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans) or 52.222-38 (Compliance with Veterans’ Employment Reporting Requirements), you are reminded that your company must comply with the special reporting requirements described in those clauses. Your company must submit information on several aspects of its employment and hiring of special disabled and Vietnam era veterans or other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. You must submit this information no later than September 30 of each year, in the “Federal Contractor Veterans’ Employment Report” or VETS-100 Report. The U.S. Department of Labor has established a web site for submitting this report. The address is: http://www.vets100.cudenver.edu. 1752.223-71Environmentally Preferable Products and Services (July 2005) (a)Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management, requires in agency acquisitions of goods and services (i) use of sustainable environmental practices, including acquisition of biobased, environmentally preferable, energy-efficient, water-efficient, and recycled-content products, and (ii) use of paper of at least 30 percent post-consumer fiber content. (b) By signing this offer or contract, the contractor will be deemed to have signed and agreed that all goods and services provided under this contract will comply with the above requirements of Executive Order 13423. 1752.224-70 Protecting Personally Identifiable Information (May 2009) (a)Applicability This clause applies to contractor personnel and addresses specific OPM requirements in addition to those included in the Privacy Act of 1974 (5 U.S.C. 552a - the Act). The following should not be construed to alter or diminish civil and/or criminal liabilities provided under the Act. (b)Definition of Personally Identifiable Information (PII) Personally Identifiable Information (PII) is information that can be used to discern or trace a person's identity, such as name, social security number, biometric records, and that combined with other information, can be used to compromise the integrity of agency records relating to a person, by permitting access to unauthorized disclosure of these records. For example, a name alone would generally not constitute PII, but when linked to his or her social security number, date of birth, or mother's maiden name, would constitute PII. In other words, PII refers to any information, on any medium, that identifies a specific individual whether the information is on paper or electronic. (c)Responsibilities for Handling PII (1)Contract employees shall not remove PII from their individual assigned duty station without prior approval of their supervisor. (2)All contract employees are personally responsible for the proper handling of PII, regardless of location. All contract employees must be: responsible for the proper control and handling of PII residing on their computer, on removable media, and on paper documents. responsible for ensuring portable data storage and communication devices are properly controlled and secured at all times. responsible for the proper marking, control and storage of printouts and other paper documents containing PII in their possession. Email cannot be encrypted. Since PII must be encrypted before being sent, send it only as an encrypted attachment. Do not send PII in the content of an email. (d)Encryption of Personally Identifiable Information (PII) (1)OPM has a policy protecting, and when appropriate, restricting sending, copying or moving PII from the OPM network. Therefore, if the contract employees must send PII, send it only as an encrypted attachment. OPM employees and contractors are required to encrypt PII data using WinZip. Instructions on how to use WinZip to encrypt and protect files containing PII are available on Theo at: http://theo.opm.gov/helpdesk/selfhelp/WinZipv90EncryptionProcedures.pdf. WinZip can be used to protect data on workstations, laptops and email attachments. It is available on all OPM workstations attached to the agency’s network. (2)A password protected file is not secure. Never send any unencrypted PII data in e-mail. (e)Procedures for Reporting a Breach of PII (1)A breach of PII includes loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access of personally identifiable information whether physical or electronic. As an agency, OPM is required to immediately report all potential PII data breaches -- whether they involve paper documents or electronic information. In order to meet this responsibility, OPM has established a new internal procedure for reporting the loss or possible compromise of any PII, and this clause conforms to that procedure. (2)OPM contractors must report any breach or potential breach to the OPM Situation Room and the Contracting Officer within 30 minutes of becoming aware of the risk – regardless of the time or day of the week. Breaches should be reported, even if it is believed the breach is limited, small, or insignificant. OPM’s IT security experts, who will determine when a breach needs additional focus and attention. The OPM Situation Room is available 24 hours per day, 365 days per year. Report the breach to the OPM Situation Room and the Contracting Officer either by phone or by e-mail; however, be sure NOT to include PII in the e-mail. (f)Points of Contact (1)OPM contractors must report a breach or potential breach of PII to the OPM Situation Room at: sitroom@opm.gov (202) 418-0111 Fax (202) 606-0624 (2)When notifying the Situation Room, please copy or copy the Contracting Officer at: James.Thieme@opm.gov (724)794-7171 Fax (724) 794-7199 (3)To get help with WinZip, please contact the OPM HelpDesk at: helpdesk@opm.gov (202) 606-4927 TTY (202) 606-1295 (4)If you have questions regarding these procedures, contact the Contracting Officer. 1752.224-71Freedom of Information Act Requests (Sep 2009) (a)Offerors are reminded that information furnished under this solicitation may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore: (1)All items that are confidential to business, or contain trade secrets, proprietary, or personnel information must be clearly marked in all documents submitted to the U.S. Office of Personnel Management (OPM or The Government). Marking of items will not necessarily preclude disclosure when the OPM determines disclosure is warranted by FOIA. However, if such items are not marked, all information contained within the submitted documents will be deemed to be releasable. (2)No later than five (5) business days after award of a contract, blanket purchase agreement (BPA), or order, the Contractor must provide OPM a redacted copy of the contract/BPA/order in electronic format. This copy will be used to satisfy any requests for copies of the contract/BPA/order under the FOIA. If the Contracting Officer believes that any redacted information does not require protection from public release, the issue will be resolved in accordance with paragraph 3.104-4(d) of the Federal Acquisition Regulation. (b)Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the provisions of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. (c)In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and must ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees. (d)Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed must be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both. 1752.232-70 Invoice Requirements (Mar 2007) (a)A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services): (1) Name and address of the contractor. (2)Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.) (3)Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (4)Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (5)Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (6)Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (7)Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. (8)Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.) (9) Electronic funds transfer (EFT) banking information. (i) The contractor must include EFT banking information on the invoice only if required by agency procedures. (ii) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (iii) EFT banking information is not required if the Government waived the requirement to pay by EFT. (10) Any other information or documentation required by the contract (e.g., evidence of shipment). (b)ALL OPM original invoices (without exception) must be sent to: US Office of Personnel Management Office of the Chief Financial Officer (OCFO) 1900 E Street, N.W., Room 5475, OCFO Invoice and Payments Washington, D.C. 20415 E-mail: promptpay@opm.gov (c)In addition to the invoice provided to the address in (b) above the contractor must e-mail an additional copy of the invoice to the Contract Administrator at the following address Walter.Werner@opm.gov or provide two copies of the signed original to Attn: Walter Werner U.S. Office of Personnel Management Boyers Contracting Group, FSC 1137 Branchton Road Boyers, PA 16018-0618 (d) Inquiries regarding payment of invoices should be directed to the designated billing office, (202) 606-2175. (e) If the supplies, services, technical or other reports are rejected for failure to conform to the technical requirements of the contract, or for damage in transit or otherwise, the invoice will be rejected and returned to the Contractor. 1752.232-71 Method of Payment (July 2005) (a)Payments under this contract will be made either by check or by wire transfer through the Treasury Financial Communications System at the option of the Government. (b)The Contractor must forward the following information in writing to the Contracting Officer not later than seven (7) days after receipt of notice of award: (1)Full Name (where practicable), title, telephone number, and complete mailing address of responsible official(s): (i)to whom check payments are to be sent, and (ii)who may be contacted concerning the bank account information requested below. (2)The following bank account information required to accomplish wire transfers: (i)Name, address, and telegraphic abbreviation of the receiving financial institution. (ii)Receiving financial institution's 9-digit American Bankers Association (ABA) identifying number for routing transfer of funds. (Provide this number only if the receiving financial institution has access to the Federal Reserve Communications System.) (iii)Recipient's name and account number at the receiving financial institution to be credited with the funds. If the receiving financial institution does not have access to the Federal Reserve Communications System, provide the name of the correspondent financial institution through which the receiving institution receives electronic funds transfer messages. If a correspondent financial institution is specified, also provide: (A)Address and telegraphic abbreviation of the correspondent financial institution. (B)The correspondent financial institution's 9-digit ABA identifying number for routing transfer of funds. (c)Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Contracting Officer in writing at least 30 days before the effective date of the change. It is the Contractor’s responsibility to furnish these changes promptly to avoid payments to erroneous addresses or bank accounts. (d)The document furnishing the information required in paragraphs (b) and (c) must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number 1752.233-70 OPM Protest Procedures [Applicable to Solicitations Only] (Mar 2007) (a)An interested party who files a protest with OPM has the option of requesting review and consideration of the protest by either the Contracting Officer (CO) or the Senior Procurement Executive (SPE). The protest must clearly indicate the official to whom it is directed. (b)If the protest is directed to the SPE, a copy of the protest must be sent to the Chief of the Contracting Group at the same time the protest is filed with the CO in accordance with FAR 52.233-2. The address of the Director of the Contract Group is: William N. Patterson, Director Contracting Division U.S. Office of Personnel 1900 E Street N.W., Room 1342 Washington, DC 20415 (c) Review and consideration of a protest by the SPE is an alternative to review and consideration by the CO. 1752.237-70 Non-Personal Services (July 2005) (a)As stated in the Office of Federal Procurement Policy Letter 92-1, dated September 23, 1992, Inherently Governmental Functions, no personal services shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor must promptly notify the Contracting Officer of this communication or action. (b)The Contractor must not perform any inherently Governmental actions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee may state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with the contract, Contractor employees must identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this contract, the Contractor employee must state that they have no authority to in any way change the contract and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer. (c)The Contractor must insure that all of its employees working on this contract are informed of the substance of this clause. Nothing in this clause limits the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause must be included in all subcontracts at any tier. 1752.242-70 Contract Performance Information (July 2005) (a)Dissemination of Contract Performance Information The Contractor must not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed must be submitted to the Contracting Officer for approval. (b)Contractor Testimony All requests for the testimony of the Contractor or its employees, and any intention to testify as an expert witness relating to: (a) any work required by, and or performed under, this contract: or (b) any information provided by any party to assist the Contractor in the performance of this contract, must be immediately reported to the Contracting Officer. Neither the Contractor nor its employees must testify on a matter related to work performed or information provided under this contract, either voluntarily or pursuant to a request, in any judicial or administrative proceeding unless approved by the Contracting Officer or required by a judge in a final court order.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/notices/004b4cc6492d700a56c20107889aa921)
 

Place of Performance

Address: San Antonio, Texas, United States
 

Record

SN02299353-W 20100930/100928234856-004b4cc6492d700a56c20107889aa921 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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