PRESOL | R | Actuarial Audit Services - Solicitation Document and Attachments

FBO DAILY ISSUE OF MARCH 12, 2011 FBO #3395
SOLICITATION NOTICE

R -- Actuarial Audit Services - Solicitation Document and Attachments

Notice Date: 3/10/2011
Notice Type: Combined Synopsis/Solicitation
NAICS: 541990 — All Other Professional, Scientific, and Technical Services
Contracting Office: Railroad Retirement Board, Acquisition Management Division, OA, Procurement Section, 844 North Rush Street, 9th Floor NE, Chicago, Illinois, 60611-2092
ZIP Code: 60611-2092
Solicitation Number: RRB11R004
Point of Contact: Milt Vasich, Phone: (312)751-4687, Diana Kruel, Phone: (312)751-3386
E-Mail Address: Milton.Vasich@rrb.gov, Diana.Kruel@rrb.gov
(Milton.Vasich@rrb.gov, Diana.Kruel@rrb.gov)
Small Business Set-Aside: N/A
Description: Attachment D Attachment C Attachment B Attachment A Offerors shall submit one (1) signed copy of this SF 1449 form with their Business Proposal submission. This is the Word document of the combined synopsis/solicitation. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, as supplemented with additional information included in this notice. This notice constitutes the only solicitation. Offers are being requested and a written soliciation will not be issued. Offerors may use the attached Word document version of this solicitation as a reference. Offerors may send questions regarding to this solicitation to diana.kruel@rbb.gov by 2:00PM CST on March 14, 2011. This solicitation is issued as Request for Proposal RRB11R004. The solicitation document and incorporated provisions are those in effect through Federal Acquisition Circular Number (FAC) 2005-48. This solicitation is not a small business set-aside. SECTION B SUPPLIES OR SERVICES AND PRICES OR COSTS B1 Services B1.1 The Contractor shall provide professional actuarial audit services in accordance with the requirements of this solicitation. The Contractor shall provide all management, supervision, manpower, materials and equipment (except as otherwise provided), and shall plan, schedule, coordinate and assure effective performance of all services described herein. B1.2 This solicitation provides for both initial services and optional services. B1.3 Upon award of a contract, the Contractor shall devote efforts to accomplish all initial work as set forth in Section C - Statement of Work B1.4 No optional services are to be performed until the Office of Inspector General (OIG) advises the Contractor in writing of its decision to exercise its option for such services. B2 Prices B2.1 The several tasks required by this solicitation will be priced individually. B2.2 The Contractor shall provide a "fully loaded" firm-fixed price below to provide the initial and optional services listed below and as described in section C of this solicitation. The RRB defines "fully loaded rates" as the price inclusive of direct wage, fringe benefits, all overheads, general and administrative (G&A) costs, profit and fees, and all travel and per diem costs for the contractor's employee to perform the required services at the RRB/OIG headquarters facility, located in Chicago, Illinois. Initial Services FY 2011 Actuarial Audit ______________________ Optional Services FY 2012 Actuarial Audit ______________________ FY 2013 Actuarial Audit ______________________ FY 2014 Actuarial Audit ______________________ FY 2015 Actuarial Audit ______________________ ======================== TOTAL PRICE ______________________ B3 Option Exercise Dates The Office of Inspector General (OIG) will exercise its option to order optional services by the following dates: FY 2012 Actuarial Audit- No later than March 31, 2012 FY 2013 Actuarial Audit - No later than March 31, 2013 FY 2014 Actuarial Audit - No later than March 31, 2014 FY 2015 Actuarial Audit - No later than March 31, 2015 B4 Quote Must Include Both Initial and Optional Services Contractors must provide a firm fixed price quote for the initial services (FY 2011) as well as for the optional services (FYs 2012, 2013, 2014, 2015). B5 Unbalanced Offers Offerors are cautioned that any offer may be rejected as nonresponsive if it is materially unbalanced as to prices for the initial and optional services. An offer is unbalanced when it is based on prices which are significantly less than cost for some work and prices which are significantly overstated for other work. SECTION C STATEMENT OF WORK C1 Introduction & Background The contractor will perform a limited scope actuarial audit of the RRB's statement of social insurance and the related underlying actuarial projection process. The Office of Inspector General (OIG) of the Railroad Retirement Board (RRB) is issuing this Request for Proposals (RFP) to assist the OIG with its annual audit(s) of the RRB's financial statements. The RRB is an independent agency in the executive branch of the Federal government. Its primary function is to administer comprehensive retirement-survivor and unemployment-sickness insurance benefit programs for the nation's railroad workers and their families. These programs are provided under the Railroad Retirement Act (RRA) and the Railroad Unemployment Insurance Act (RUIA). In addition, the RRB has administrative responsibilities under the Social Security Act for certain benefit payments and Medicare coverage for railroad workers. The RRB publishes audited financial statements in its annual Performance and Accountability Report, the form and content of which is mandated by the Office of Management and Budget (OMB). The agency prepares its financial statements from the books and records of the RRB in accordance with U.S. generally accepted accounting principles (GAAP). The American Institute of Certified Public Accountants (AICPA) has recognized the statements of Federal Financial Accounting Standards (SFFAS) promulgated by the Federal Accounting Standards Advisory Board (FASAB) as GAAP for Federal government entities. During FY 2010, the Railroad Retirement program paid over $10 billion in benefits and reported approximately $30 billion in assets at fiscal year-end. The RRB's financial statements for the fiscal year ended September 30, 2010 reported total financing sources in excess of $11 billion which it received primarily from payroll taxes and the financial interchange with the Social Security Administration. The bulk of the RRB's financing sources are expended on benefits for railroad workers. The agency's FY 2010 financial statements reported total assets of approximately $6 billion which were comprised primarily of investments with the Treasury and receivables from the Social Security Administration for the financial interchange. The balance of the Railroad Retirement program's assets, approximately $24 billion, were held and invested by the National Railroad Retirement Investment Trust (NRRIT). The NRRIT prepares and publishes financial reports separate from the RRB. Statement of Social Insurance The statement of social insurance is a comparative financial statement comprised of estimates of income and expenditures for a 75-year period for the railroad retirement program. The required notes to the statement of social insurance include significant underlying assumptions, fund balances as of the valuation date for each of the years presented, and identifies the elements of the closed group estimate. Requirement for a Statement of Social Insurance SFFAS #17, as amended, requires Federal agencies that are responsible for social insurance programs to present a statement of social insurance as one of its audited financial statements. SFFAS #17 specifically identifies the Railroad Retirement program as a social insurance program subject to this reporting requirement. The information required by paragraphs 27(3) and 32(3) of SFFAS #17 and paragraphs 28 and 29 of SFFAS #37 are presented in a basic financial statement. The underlying significant assumptions are included in the notes that are presented as an integral part of the basic financial statement. Other information required by SFFAS #17, including the sensitivity analysis required in SFFAS #17, paragraphs 27(4) and 32(4), is presented as required supplementary information (RSI), except to the extent that the preparer elects to include some or all of that information in the notes that are an integral part of the basic financial statement. Statement of Changes in Social Insurance Amounts SFFAS #37 requires Federal agencies that are responsible for social insurance programs to prepare a statement of changes in social insurance amounts to present the reasons for changes during the reporting period in the open group measure reported on the statement of social insurance. Preparation of the Statement of Social Insurance The RRB's Bureau of the Actuary prepares the agency's statement of social insurance. The statement of social insurance is based on the periodic actuarial valuation of the assets and liabilities, also prepared by the agency's Bureau of the Actuary. The Bureau of the Actuary publishes a new actuarial valuation every three years. This triennial valuation, which is updated during each of the two interim years, supports agency reporting responsibilities under the following statutes: •Section 15 of the Railroad Retirement Act of 1974 requiring the Railroad Retirement Board, at intervals of not more than three years, to prepare actuarial valuations of the railroad retirement system; •Section 22 of the Railroad Retirement Act of 1974 requiring the Railroad Retirement Board to prepare an annual report containing a five-year projection of revenues to and payments from the Railroad Retirement Account, and to submit the report to the President and the Congress by July 1; and •Section 502 of the Railroad Retirement Solvency Act of 1983 requires the Railroad Retirement Board to prepare an annual report on the actuarial status of the Railroad Retirement program. Actuarial Advisory Committee Section 15(f) of the Railroad Retirement Act requires that the triennial valuation process include review of assumptions and methods by the agency's Actuarial Advisory Committee. The committee's statement is published with the valuation and describes the scope of their work. Prior Actuarial Audits The RRB has not had a full scope actuarial audit of the work of its Bureau of the Actuary. The most recent limited scope audit was conducted in 1998. The scope of the engagement was limited to an assessment of the reasonableness of the estimates and key assumptions as reported in the Twentieth Actuarial Valuation of the Assets and Liabilities Under the Railroad Retirement Acts as of December 31, 1995. In the opinion of the consulting actuary, the valuation was thorough and objective, the methodology was sound and the assumptions were reasonable. Basis of Estimates The statement of social insurance is a comparative statement that presents data for the current and four prior years. The estimates and projections in the statement of social insurance are based on the triennial valuation of assets and liabilities of the Railroad Retirement program prepared by the RRB's Bureau of the Actuary. Year For Which Estimates Will Be Reported Base Actuarial Valuation Updates FY 2017 Valuation Model supporting 26th Actuarial Valuation Updated for use in preparing the June 2017 Section 502 Report FY 2016 Updated for use in preparing the June 2016Section 502 Report FY 2015 Not Applicable. The triennial valuation serves as the annual report required by Section 502 of the Railroad Retirement Solvency Act of 1983. FY 2014 Valuation Model supporting 25th Actuarial Valuation Updated for use in preparing the June 2014 Section 502 Report FY 2013 Updated for use in preparing the June 2013 Section 502 Report FY 2012 Not Applicable. The triennial valuation serves as the annual report required by Section 502 of the Railroad Retirement Solvency Act of 1983. FY 2011 Valuation Model supporting 24th Actuarial Valuation Updated for use in preparing the June 2011 Section 502 Report FY 2010 Updated for use in preparing the June 2010 Section 502 Report FY 2009 Not Applicable. The triennial valuation serves as the annual report required by Section 502 of the Railroad Retirement Solvency Act of 1983. FY 2008 Valuation Model supporting 23rd Actuarial Valuation Updated for use in preparing the June 2008 Section 502 Report FY 2007 Updated for use in preparing the June 2007 Section 502 Report FY 2006 Not Applicable. The triennial valuation serves as the annual report required by Section 502 of the Railroad Retirement Solvency Act of 1983. C2 Scope of Work The contractor shall provide all services, personnel, facilities, equipment, and materials necessary to perform the work described by this statement of work. The contractor will provide both the initial and optional services described in this RFP. C2.1 FY 2011 Actuarial Audit (Initial Service) The contractor will perform the limited scope actuarial audit of the FY 2011 statement of social insurance as described in Section C3. The scope of the contractor's work will include the estimates and disclosures for FY 2011only. C2.2 FY 2012 Actuarial Audit (Optional Service) The contractor will perform the limited scope actuarial audit of the FY 2012 statement of social insurance as described in Section C3. The scope of the contractor's work will include the estimates and disclosures for FY 2012only. C2.3 FY 2013 Actuarial Audit (Optional Service) The contractor will perform the limited scope actuarial audit of the FY 2013 statement of social insurance as described in Section C3. The scope of the contractor's work will include the estimates and disclosures for FY 2013only. C2.4 FY 2014 Actuarial Audit (Optional Service) The contractor will perform the limited scope actuarial audit of the FY 2014 statement of social insurance as described in Section C3. The scope of the contractor's work will include the estimates and disclosures for FY 2014only. C2.5 FY 2015 Actuarial Audit (Optional Service) The contractor will perform the limited scope actuarial audit of the FY 2015 statement of social insurance as described in Section C3. The scope of the contractor's work will include the estimates and disclosures for FY 2015only. C3 Scope of the Actuarial Audit The contractor will perform such work as is required to make the following determinations for each year's actuarial audit as awarded. This includes an actuarial analysis which is done in a spreadsheet using cell data. In addition, every third year the contractor must reconcile cell data back to source data in the spreadsheet: C3.1 The methods and assumptions used in the valuation of the Railroad Retirement program, and by extension the statement of social insurance, are consistent with relevant Actuarial Standards of Practice adopted by the Actuarial Standards Board. C3.2 The actuarial valuation considers all pertinent provisions of laws and regulations governing program operations, including any changes to laws or regulations affecting the actuarial calculations since the date of the latest statement of social insurance. C3.3 Data used in preparing the statement of social insurance is complete, and reliable. C3.4 The estimates presented in the statement of social insurance are reasonable and prepared in compliance with the requirements of SFFAS #17 as amended. C3.5 The fund balance, as of the valuation date, has been accurately computed in compliance with SFFAS #17 as amended. C3.6 The disclosure of significant assumptions is complete and meets the requirements of SFFAS #17 as amended. C3.7 Other footnotes meet the disclosure requirements of SFFAS #17 as amended. C3.8 The reconciling items on the statement of changes in social insurance amounts are reasonable and prepared in compliance with SFFAS #37 including any applicable laws and amendments. C3.9 The reporting of the statement of social insurance, statement of changes in social insurance amounts and other related communication are consistent with relevant Actuarial Standards of Practice adopted by the Actuarial Standards Board. C4 Reporting Requirements The contractor will summarize their findings and determinations in a formal, written report that details the scope of their work and their overall conclusions. C4.1 The contractor's report must respond individually to each determination required in Section C3 of this RFP. C4.2 The contractor's report must describe the scope and methodology used in making the determinations. C4.3 The contractor's report must describe any limitations on the scope of their work caused by lack of documentation. C4.4 The contractor's report must be prepared in compliance with applicable Actuarial Standards of Practice adopted by the Actuarial Standards Board. C5 Applicable Guidance The Contractor will be required to evaluate compliance with any revised or additional guidance, legislation, pronouncement or standard issued subsequent to this contract that impact the estimates presented in the statement of social insurance or the practice of the actuarial profession. C6 Agency Involvement The COTR, the Chief Actuary, his staff and the responsible staff of the various RRB operation units directly subject to the scope of the actuarial audit will be available during the audit to assist the Contractor by providing information and explanations. While RRB and OIG staff will work with the Contractor to pull documents, reproduce files and respond to Contractor inquiries on an intermittent basis, the Contractor cannot expect them to prepare schedules or otherwise provide full-time assistance. Contractor requirements for agency facilities, materials, data or direct assistance must be detailed in the Technical Approach and Workplan section of the technical proposal. C7 Government Furnished Data The RRB will provide access to documentation (electronic and hardcopy) of information required to make the determinations required by Section C3 of this solicitation. Supporting documentation (electronic and hard copy) for the various estimates in the statement of social insurance pertaining to FY 2009 through FY 2010 will be made available to the Contractor after contract award upon consultation with the Contracting Officer's Technical Representative (COTR). Supporting documentation (electronic and hard copy) for the various estimates in the statement of social insurance pertaining to FY 2011and later years will be available to the Contractor as they become available to the OIG. •The triennial valuations are completed by June 30th of the year in which they are performed. •Interim year updates to the triennial valuation are completed by June 30th of the year in which they are performed. •The statement of social insurance is completed by July 31st of each year. C8 Entrance/Exit Conferences The entrance and exit conferences and other significant meetings are to be held with the COTR and responsible agency officials. The entrance conference provides an opportunity for the Contractor to discuss the audit approach and introduce key staff to agency officials. The entrance conference will not be an opportunity to change the terms, conditions, or price of the contract. At the completion of their work, the Contractor shall hold an exit conference with the COTR and responsible RRB officials. At this conference the Contractor communicates the findings and recommendations developed during the audit, and elicits initial views from agency officials. During the course of their work, the Contractor shall be prepared to discuss with the COTR and management in the RRB's Bureau of the Actuary matters that come to the Contractor's attention that could have an impact on the determinations within the scope of the actuarial audit. Furthermore, the Contractor shall notify the COTR of any such meetings that do not include the COTR. C9 Progress Reports Monthly written progress reports are to be presented by the Contractor to the COTR including (at a minimum) the following: a)progress to-date compared with the audit plan and time schedule; b)any issues that could impact the progress or outcome of the Contractor's work; and c)matters that have come to the Contractor's attention that could impact the results of the determinations required in Section C3. C10 Confidentiality The actuarial valuation model and the factors, assumptions and software applications that support it are the property of the Government of the United States. The Contractor agrees to hold strictly confidential any information relating to the model and related factors, assumptions, and software applications to which it may be privy during the audit. SECTION D PACKAGING AND MARKING D1 Packaging Preservation, packaging and packing for shipment or mailing of any work deliverables hereunder shall be in accordance with good commercial practice and adequate to insure acceptance by common carrier and safe transportation at the most economical rate(s) D2 Marking Each package, report or other deliverable shall be accompanied by a letter or other document which: a.Identifies the contract by number under which the item is being delivered. b.Identifies the deliverable Item Number or Report Requirement which requires the delivered item(s). c.Indicates whether the Contractor considers the delivered item to be a partial or full satisfaction of the requirement. SECTION E Inspection and Acceptance E1.1 Inspection Inspection of all items under this contract shall be accomplished by the Contracting Officer's Technical Representative (COTR) or any other duly authorized representative as designated by the Contracting Officer. E1.2 Inspection of Services-Fixed-Price (FAR 52.246-4 August 1996) (a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services. (b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires. (c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work. (d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties. (e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may- (1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and (2) Reduce the contract price to reflect the reduced value of the services performed. (f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may- (1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or (2) Terminate the contract for default. E2 Acceptance a.Acceptance of all work and effort under this contract shall be accomplished by the Contracting Officer or his designee. The right to reject the work performed under this contract shall continue for 10 days after receipt. b.Acceptance will be demonstrated by written notice to the Contractor. E3 Resolution If necessary, the Contractor shall participate in up to three follow-up meetings after acceptance of the final report to assist the Office of Inspector General in resolving issues related to the findings and determinations communicated in the contractor's report. The meeting may be in person or telephone conference at the contractor's option. F DELIVERABLES AND PERFORMANCE F1 Period of Performance The Contractor shall begin performance of work described in Section C of this contract on the date of the contract award and continue until acceptance of the last deliverable. Work under this contract is expected to commence no later than June 15, 2011 and continue until acceptance of the last deliverable. F2 Deliverables For the mandatory audit of FY 2011and each subsequent year for which the Office of Inspector General exercises its option, the Contractor will provide the following: F2.1 The Contractor shall submit a timetable for the completion of the limited scope actuarial audit as detailed in Section C of this RFP: (a)within 5 business days of contract award for the initial Actuarial Audit (FY 2011); and (b)within 15 business days of the OIG's exercise of its option(s) for optional Actuarial Audits ( FY 2012 - FY 2015). F2.2 A monthly progress report will be submitted by the Contractor by the fifth working day of each month beginning with the first full month after contract award and ending with the acceptance of the final deliverable. F2.3 The Contractor shall provide a draft written report for discussion with OIG personnel, that addresses the requirements of Section C4, communicating the opinion of the firm and any other matters that are reportable pursuant to applicable reporting requirements within the timeframes set forth in Section F3. F2.4 The Contractor shall provide a final written report pursuant to the requirements of Section C4, communicating the opinion of the firm and any other matters that are reportable pursuant to applicable reporting requirements within the timeframes set forth in Section F3. F3 Deadlines for Draft and Final Reports The reports required by Section C4 will be due on the dates shown below: SEE ATTACHED SOLICITATION DOCUMENT FOR CHART Contractor's Report in Draft is due by: FY 2011 (mandatory) 09/15/2011 FY 2012 (optional) 09/21/2012 FY 2013 (optional) 09/19/2013 FY 2014 (optional) 09/18/2014 FY 2015 (optional) 09/17/2015 The OIG will Furnish Comments by: FY 2011 (mandatory) 09/22/2011 FY 2012 (optional) 09/28/2012 FY 2013 (optional) 09/26/2013 FY 2014 (optional) 09/25/2014 FY 2015 (optional) 09/24/2015 Final Contractor Report is due: FY 2011 (mandatory) 09/29/2011 FY 2012 (optional) 10/05/2012 FY 2013 (optional) 10/03/2013 FY 2014 (optional) 10/02/2014 FY 2015 (optional) 10/01/2015 F4 Delivery The Contractor shall furnish all deliverables to the COTR or his/her designated representative(s) by 4:00 PM local time on the established date to the addresses shown below. a. Printed paper documents should be delivered to the following street address. COTR - Contract #________ Office of Inspector General U.S. Railroad Retirement Board 844 North Rush Street Chicago, Illinois 60611 b. Adobe Acrobat (PDF) files should be transmitted via EMAIL to DKRUEL@OIG.RRB.GOV. F5 Number of Copies The Contractor shall provide copies of each draft and final report as follows: a. three (3) printed paper copies, and b. one (1) electronic copy in ADOBE Acrobat computer format (PDF file). F6 Stop-Work Order (FAR 52.242-15 August 1989) (a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if- (1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. SECTION G Contract Administration Data G1. GOVERNMENT CONTACTS FOR POST AWARD ADMINISTRATION G1.1 Contracting Officer The Contracting Officer is the only official who can: a. assign additional work within the general scope of the Statement of Work; b. issue a change as defined in the contract article entitled "Changes - Fixed Price - Alternate III" (FAR 52.243-01); c. cause an increase or decrease in the total contract price or change the time required for the contract performance; d. change any of the expressed terms, conditions, or specifications of the contract. G1.2 Contracting Officer's Technical Representative (COTR) a. Performance of work under this contract shall be subject to the technical direction of the COTR. The term "technical direc¬tion" is defined to comprise thefollowing: i. Directions to the Contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual statement of work. ii. Provisions of information to the Contractor which assist in the interpretation of drawings, specifications, or technical portions of the work description. iii. Review and, where required by the contract, approval of techni¬cal reports, drawings, specifications, and technical information to be delivered by the Contractor to the OIG under this contract. b. Technical directions must be within the general scope of work stated in the contract. The COTR does not have the authority to and may not issue any direction which (i) constitutes an assignment of additional work outside the general scope of the contract; (ii) in any manner causes an increase or decrease in the estimated cost or the time required for contract performance; (iii) change any of the expressed terms, conditions, or specifications of the contract. c. The Contractor shall proceed promptly with the performance of technical directions duly issued by the COTR in the manner prescribed by this section and within his authority under the provisions of the section. If, in the opinion of the Contractor, any instruction or direction issued by the COTR is within one of the categories as defined in b(i), b(ii), b(iii) above, the Contractor shall not proceed but notify the Contracting Officer within 5 days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving such notification from the Contractor, the Contracting Officer shall issue an appropriate contract modific¬ation or advise the Contractor in writing that, in his opinion, the technical direction is within the scope of this section. The Contractor shall there¬upon proceed immediately with the direction given. A failure of the parties to agree upon the nature of the instruction or direction or upon the contract action to be taken with respect thereto shall be subject to the provisions of the contract article entitled "Disputes". d. The COTR will be named upon contract award. G2. PAYMENT ADMINISTRATION G2.1. Payments Payments will be made to the Contractor as follows: 10% Upon Acceptance of First Monthly Progress Report (Work accomplished must include timetable [see F2.1] and opening conference [see C8]) 20% Upon Acceptance of Second Monthly Progress Report 50% Upon Acceptance of Draft Deliverables 20% Upon Acceptance of Final Deliverables --------- 100% The above percentages will be applied to the initial work and optional work separately. G2.2. Billing Address Invoices should be submitted to the following address: COTR- Contract No: __________ Office of Inspector General U.S. Railroad Retirement Board 844 North Rush Street Chicago, Illinois 60611 G2.3 Invoicing In accordance with the Prompt Payment Act, Public Law 97-177, to constitute a proper invoice, the invoice (original and four copies) must include the following minimum information and/or attached documentation. a. Name of business concern/ letterhead; b. Invoice date and separate/ distinct number; c. Contract Number; d. Amount of installment requested; e. Name, title, phone number, and complete mailing address of responsible official to whom payment is to be sent; f. A statement signed by a responsible official of the concern certifying the required work has been completed. G3. CORRESPONDENCE a. All correspondence, including reports required under this contract, as well as technical correspondence, shall be addressed to the billing address shown in G2.2. b. All correspondence other than invoices and reports should contain a subject line which commences with the contract number and then the subject. An example is shown below. SUBJECT: CONTRACT NO. XXX, REQUEST FOR SUBCONTRACT CONSENT SECTION H Special Contract Requirements H1 Performance Period The initial contract shall begin on the date of contract award and shall end with acceptance of final report. H2 Audit (1) The Office of Inspector General shall have access to and the right to examine any of the Contractor's directly pertinent records involving transactions related to this contract or a subcontract hereunder. (2) The Office of Inspector General shall have access to and the right to examine any of the Contractors working papers and supporting documentation related to the determinations and reports specified in Section C - Statement of Work. (3) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law. H3. Information Privacy Certification All contractor personnel assigned to this engagement must complete RRB Form G-511 "Information Privacy Certification by Contractor," included as Attachment D to this solicitation (see Section J). SECTION I Contract Clauses I1. Clauses Incorporated By Reference (52.252-2 February 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. This contract also incorporates by full text those clauses that appear in Section I2. Incorporated by reference: FAR Clause Title & Date 52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010 52.215-8 Order of Preference- Universal Contract Format OCT 1997 52.232-17 Interest OCT 2010 52.242-2 Production Progress Reports APR 1991 52.242-13 Bankruptcy JUL 1995 52.246-20 Warranty of Services MAY 2001 52.249-8 Default (Fixed-Price Supply and Service) APR 1984 52.253-1 Computer Generated Forms JAN 1991 I2. Incorporated full text:The following clauses are incorporated into this solicitation full text. 52.204-1 Approval of Contract DEC 1989 52.222-42 Statement of Equivalent Rates for Federal Hires MAY 1989 52.232-19 Availability of Funds For the Next Fiscal Year APR 1984 I2.1 Approval of Contract (Far 52.204-1 DEC 1989)This contract is subject to the written approval of Inspector General and shall not be binding until so approved. I2.2 Central Contractor Registration (FAR 52.204-7 APR 2008) (a) Definitions. As used in this clause--"Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government."Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities."Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. "Registered in the CCR database" means that--(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.(1) An offeror may obtain a DUNS number--(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.(2) The offeror should be prepared to provide the following information:(i) Company legal business.(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.(iii) Company Physical Street Address, City, State, and Zip Code.(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).(v) Company Telephone Number.(vi) Date the company was started.(vii) Number of employees at your location.(viii) Chief executive officer/key manager.(ix) Line of business (industry).(x) Company Headquarters name and address (reporting relationship within your entity).(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.(g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757. I2.3 Statement of Equivalent Rates for Federal Hires (FAR 52.222-42 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 Employee Class Monetary Wage-Fringe Benefits GS-15, Step 1 $59.72 $14.93 ES-00 $71.93 $21.57 I2.4 Availability of Funds (APR 1984) 52.232-18 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. I2.5 Option to Extend Services (NOV 1999) 52.217-8 The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. I2.6 Option to Extend the Term of the Contract (MAR2000) 52.217-9 (a) The Government may extend the term of this contract by written notice to the Contractor within thirty (30) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years. I2.7 Contract Terms and Conditions- Commercial Items (JUNE 20 2010) 52.212-4 (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. I2.8 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JAN 2011)52.212-5(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). _X_ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). __ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a). __ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (9) [Reserved] __ (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (11)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. _X_ (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (13)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) ( (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). __ (15) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (17) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (18) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). _X_ (21) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (22) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). _X_ (23) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (24) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (25) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _X_ (26) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X_ (27) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212). __ (28) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (29) 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.) __ (30)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (31) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (32)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). __ (ii) Alternate I (DEC 2007) of 52.223-16. __ (33) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (E.O. 13513). __ (34) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (35)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (36) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (37) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (38) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (39) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (40) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (41) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (42) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (43) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (44) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (45) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (46)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). _X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 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.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and 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 (Dec 2010) (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 $650,000 ($1.5 million 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 Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (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. SECTION J List of Attachments Presented as exhibits to this Solicitation are the following three (3) documents: A. RRB's FY 2010 Performance and Accountability Report` (The RRB's Statement of Social Insurance begins on page 69) this report will be available on rrb.gov on November 15th. B. 24th Actuarial Valuation of the Assets and Liabilities under the Railroad Retirement Acts. http://www.rrb.gov/pdf/act/valuation.pdf C. Railroad Retirement System report required by Section 502 of the Railroad Retirement Solvency Act of 1983 (Public Law 98-76), dated June 2010. http://www.rrb.gov/pdf/act/Section_502.pdf D. Railroad Retirement Board's Form G511, Information Privacy Certification by Contractor SECTION K Representation, Certification and Other Statements of Offerors The Representations, Certifications and Statements in this section apply to this solicitation/contract. Offerors shall check all boxes and complete all lines of all applicable provisions which appear in full text. Offerors responses to applicable representations certifications and statements shall be made part of his/her offer. K1. Place of Performance (FAR 52.215-6 OCT 1997) (a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [ ] intends, [ ] does not intend [check applicable block] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information. (b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information: Place of Performance Name and Address of Owner (Street Address, City, and Operator of the Plant State, County, Zip Code) or Facility if Other than Offeror or Respondent ____________________ _______________________ ____________________ _______________________ K2. Certification Regarding Responsibility Matters (FAR 52.209-5 APR 2010) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that - (i) The Offeror and/or any of its Principals - (A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); (C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and (D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has [ ] has not [ ], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal," for the purposes of this certification, 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). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. K3 Offeror Representations and Certifications-Commercial Items (JAN 2011) FAR 52.212-3 An offeror shall complete only paragraph (b) 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 (c) through (o) of this provision. (a) Definitions. As used in this provision- "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it o is, o is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offerorrepresented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is, o is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is a women-owned business concern. (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (8) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either- (A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (9) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or (ii) It o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) o Have, o have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) o Are, o are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) o Have, o have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) o Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror o does o does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror o does o does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). o TIN: ________________________________. o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108). (2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. (o) Sanctioned activities relating to Iran. (1) Unless a waiver is granted or an exception applies as provided in paragraph (o)(2) of this provision, by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996. (2) The certification requirement of paragraph (o)(1) of this provision does not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. SECTION L Instructions and Notices to Offerors L1. Instructions to Offerors-Commercial Items (JUNE 2008) FAR 52.212-1 a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 33). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 33, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (http://assist.daps.dla.mil). (ii) Quick Search (http://assist.daps.dla.mil/quicksearch). (iii) ASSISTdocs.com (http://assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS or DUNS+4 number that identifies the offeror's name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. L2. Mailing Address- Proposals issued in response to this solicitation shall be submitted to the following address prior to the time and date indicated in this solicitation. Office of Inspector General Office of Audit U.S. Railroad Retirement Board 844 N. Rush Street Chicago, IL 60611 L3. General and Minimum Qualifications to Enter Into Contract L3.1 The Offeror must be a professional actuarial firm that provides actuarial valuations, experience investigations, and pension consulting services. L3.2 The offeror must meet the minimum requirements as set forth in Section L5 "Technical Proposal Instructions". Offerors proposal that fail to communicate meeting these "At a minimum" qualification requirements as outlined will be set aside and not further considered by the technical evaluation panel. L4. PROPOSAL PACKAGE SUBMISSION INSTRUCTIONS Offerors must submit the following per instructions in Section L1 and following: • Complete Page 1 Standard Form 1449 "Offer" including blocks 12, 17, 23, 24 & 30 in two originals. • The Price Proposal - Separate volume in two (2) copies by completing Section B Supplies or Services and Prices or Costs and specifically Section B2.2 - your firm fixed price proposal for the initial and all option services and the total price offer. • The Technical Proposal in three (3) copies (Separate Volumes) per Section L5 instructions. • The Representations and Certifications as required by instructions in Section K in one (1) copy. Proposals may be submitted entirely in paper hard-copy or using a combination of paper hard-copy and electronic methods. All paper hard-copies should be submitted to the address in L2. Offerors electing to use electronic methods should follow the additional instructions in L4.1. Section L4.1 Electronic Submission of Proposals The OIG requires one hard-copy of the complete proposal package. The hard-copy proposal package must include two signed and dated copies of Standard Form (SF) 1449, one copy of the business proposal and one copy of the technical proposal. The additional required copies of the technical and business proposals may, at the offeror's option, be submitted via electronic commerce methods. If the offeror elects electronic commerce for submission of its proposal, the required hard-copy proposal package and any electronic copies must be submitted by the time and date specified in this solicitation. The OIG will accept Word or PDF documents via disk or EMAIL. Electronic submissions shall be sent to oigproposals@oig.rrb.gov. Paper hard-copies and disks should be submitted to the address in L2. An electronically delivered proposal not received by the time and date specified in this solicitation shall be handled in accordance with FAR 52.212-1(f), "Late submissions, modifications, revisions, and withdrawals of offerors". L5. TECHNICAL PROPOSAL INSTRUCTIONS A complete and comprehensive technical proposal shall be submitted, specifically addressing all factors, including phasing of tasks, methods to be utilized, and scheduling of human resources to satisfactorily complete all issues and tasks covered in the statement of work. The data and information should be keyed to each paragraph of the technical proposal requirements outlined below. The technical proposal shall not contain any reference to or mention of the cost of services to be provided under this contract. The technical proposal submitted in response to this solicitation shall consist of three separate copies. L5.1 Problem and Approach a. Understanding of the Statement of Work The Offeror's proposal shall include, in the Offeror's own words, a statement of the problem, scope and purpose of the project, and demonstrate his/her complete understanding of the project's intent and requirements. b. Technical Approach The Offeror's proposal shall disclose his/her technical approach in as much detail as possible, including, but not limited to, the requirements in this section. The proposal shall outline the recommended approaches to be followed in arriving at the best solutions for the statement of work's requirements as described in Section C of this RFP. To this end, the recommendation and technical approach should be specific, detailed, and complete enough to clearly and fully demonstrate that the Offeror thoroughly understands the intent of the statement of work, together with proposed solution approaches. Stating that you understand and will comply with the statement of work, or parts thereof, is considered inadequate. So are phrases such as "standard procedures will be employed" and "well-known techniques will be used". It is recognized that all the technical factors cannot be detailed in advance, but the technical proposal must be sufficient as to how the Offeror proposes to comply with the applicable statement of work, including a full explanation of the techniques and procedures you propose to follow. Data previously submitted, if any, cannot be considered and should not be incorporated into the technical proposal or be referenced. L5.2. Experience of Proposed Staff The Offeror must submit sufficient information to allow evaluation of the experience of the proposed staff. This should include: • Name of the Client • Scope of the Audit, • Type of Entity (Multi-Employer, Corporation, Government etc.) • Size of the Entity (# of plan participants, employees etc.), • Dollar amount of assets/liabilities within the scope of the audit, • Engagement responsibilities, and • Any other relevant information. All audits cited as experience shall have been performed and reported in compliance with applicable Actuarial Standards of Practice. At a minimum, the Offeror must demonstrate that the principal actuary responsible for the engagement and senior actuaries with significant responsibilities have had experience in performing: • at least one actuarial audit of a retirement plan with plan assets exceeding $15 billion during the past 5 years; or • at least two actuarial audits of a retirement plan with plan assets exceeding $10 billion during the past 5 years; or • at least three actuarial audits of a retirement plan with plan assets exceeding $1 billion during the past 5 years. Qualifying experience is not restricted by type of plan sponsor or beneficiary group. Such experience includes, but is not limited to, multi-employer, single employer, Federal, state, public, corporate and union plans. L5.3 Professional Education and Credentials of Proposed Staff The Offeror should demonstrate the professional qualifications of proposed staff by describing the academic and professional accomplishments of the audit team. This includes graduate and undergraduate degrees, professional examinations, award of professional credentials, and membership in professional societies, all of which must pertain to the actuarial profession or the field of actuarial science. At a minimum, Offeror's proposed staffing must demonstrate that the principal actuary who will be responsible for the engagement will be a fellow of the Society of Actuaries and an enrolled actuary and that the senior actuaries be members of the Society of Actuaries. The Principal actuary must also possess the following professional experience: • has performed at least one valuation of a multi-employer plan with $15 billion (or more) in assets during the past 5 years; or • has performed at least two valuations of multi-employer plans with $5 billion (or more) in assets during the past 5 years; or • has performed at least three valuations of multi-employer plans with $1 billion (or more) in assets during the past 5 years L5.4. Experience of the Firm The Offeror must submit a detailed narrative describing the Offeror's experience, within the past three years, in performing actuarial audits of multi-employer plans with plan assets exceeding $1 billion. The offeror must provide sufficient information to allow evaluation of the experience of the firm. This should include: • Name of the Client, • Scope of the Audit, • Size of the Entity (# of plan participants, employees etc), • Dollar amount of assets/liabilities within the scope of the audit, and • Any other relevant information All audits cited as experience shall have been performed and reported in compliance with applicable Actuarial Standards of Practice. At a minimum, the Offeror must demonstrate experience in performing at least one actuarial audit of an entity, the size and type described above, within the past 3 years in accordance with Actuarial Standards of Practice. L5.5. Audit Technical Approach and Work Plan L5.5.1 The Offeror must demonstrate an understanding of the scope of the work to be done and a sound technical approach. The Offeror shall provide a narrative description of his/her understanding of the requirements and the timeframes for Deliverables (Section F) and requirement for the determinations as described at Section C of this RFP. L5.5.2 The Offeror shall demonstrate: a. an understanding of the subject matter of the audit b. an anticipated methodology that directly addresses the audit objectives as described in Section C; c. an anticipated methodology that is based on availability of documentation as described in Section C7 "Government Furnished Data;" d. an audit approach that indicates that all work will be performed and reports prepared in accordance with Actuarial Standards of Practice. e. realistic time estimates for each audit phase; and f. the ability to meet the reporting deadlines specified in Section F3. At a minimum, the Offeror must present a general audit approach demonstrating that audit methodology meets the requirements set forth in Section C and that the required reporting deadlines can be met. L5.5.3 The Offeror should discuss one or more potential audit problems (either a technical, administrative and/or managerial nature) that could arise during the FY 2006 audit, and develop strategies for effectively dealing with these problems. At a minimum, the Offeror must discuss at least one potential problem. L5.6 Past Performance References The names and telephone numbers of at least five different clients who have contracted with and received services from the Offeror (within the last five years) that most closely match the services requested and described in Section C (Statement of Work). The RRB - OIG Solicitation evaluation staff will contact these reference contacts to obtain an overall assessment of your firm's contract performance. Offerors will provide two contacts with phone numbers for each reference. L5.7 Quality Control The Offeror shall describe its program of quality control including its application tailored to satisfy the requirements of the statement of work - Section C L6. ORAL DISCUSSIONS Oral discussions may be required. These meetings would provide an opportunity for the Offeror to clarify unusual characteristics or significant elements of the proposal to ensure understanding. Subsequent to the receipt of proposals, the OIG may schedule these discussions to be held at the OIG's headquarters located in Chicago, Illinois. L7. PRE-PROPOSAL CONFERENCE No pre-proposal conference will be held. See Section L8 concerning requests for clarification. L8. REQUEST FOR CLARIFICATION a. Any clarification requested by an Offeror regarding the meaning or interpretation of the solicitation, including the statement of work, must be requested in writing. Such requests must be submitted in sufficient time to allow replies to reach Offerors before the submission of their proposals. Oral explanations or instructions given by Government representatives before the award of the contract shall not be binding. Any information given to prospective Offerors concerning this solicitation shall be furnished to all prospective Offerors as an amendment to this solicitation, if such information would be prejudicial to uninformed Offerors b. All requests for clarification must be received in the Office of Inspector General no later than 2:00 p.m. local time on March 14, 2011. Interested offerors should send in their request for clarification via email to Diana.Kruel@rrb.gov. Requests for clarification will be accepted only via EMAIL. L9. Service of Protest (FAR 52.233-2 SEP 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Office of the Inspector General U.S. Railroad Retirement Board 844 N. Rush Street Chicago, IL 60611 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. L10. Type of Contract (APR 1984) FAR 52.216-1 The Government contemplates award of a fixed price contract resulting from this solicitation. SECTION M EVALUATION FACTORS FOR AWARD M1. Award M1.1 The following clause shall be incorporated by reference: Evaluation- Commercial Items (JAN 1999) FAR 52.212-2 M1.2 The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, cost or price and other factors, specified elsewhere in this solicitation, considered. M1.3 The Government may (i) reject any or all offers if such action is in the public interest, (ii) accept other than the lowest offer, and (iii) waive informalities and minor irregularities in offers received. M1.4 The Government may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the Offeror's best terms from a cost or price and technical standpoint. M1.5 A written award or acceptance of offer mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer shall result in a binding contract without further action by either party. Before the offers specified expiration time, the Government may accept an offer (or part of an offer, as provided in paragraph (d) above), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Negotiations conducted after receipt of an offer do not constitute a rejection or counteroffer by the Government. M1.6 Neither financial data submitted with an offer, nor representations concerning facilities or financing, will form a part of the resulting contract. However, if the resulting contract contains a clause providing for price reduction for defective cost or pricing data, the contract price will be subject to reduction if cost or pricing data furnished is incomplete, inaccurate, or not current. M2. AWARD The award of a contract resulting from this solicitation will be made to the responsive and responsible offeror whose proposal is considered by the OIG to provide the greatest value to the Government. The following formula will be used as a guide by the OIG in determining which offer provides the greatest benefit. Total Proposal Score = (Technical Score) + (Price Score) For purposes of this evaluation the relative weighing of technical factors to price factors shall be 3:1. M3. PRICE PROPOSAL EVALUATION The total evaluated price of an offer is the firm fixed price quoted by the Offeror for the initial contract term and all option terms. Calculation of the "Price Score" will be computed by multiplying the maximum point score available by a fraction representing the ratio of the lowest total evaluated price of all technically acceptable offers received by the OIG to the total evaluated price of the offer being evaluated. M4. TECHNICAL PROPOSAL EVALUATION To be considered responsive to this solicitation the Offeror must meet the minimum qualifications to enter into this agreement as specified in provision number L3. Offerors shall comply with the format and content instructions outlined in Section L. Offers deemed deficient in this regard may, at the OIG's discretion, be declared non-responsive to the terms of this solicitation and may be rejected. Responsive proposals will be evaluated to determine the relative technical merit of each response. Technical proposals will be evaluated according to the following criteria which are listed in order of decreasing relative importance. Individual factors are listed in decreasing relative importance within each major criteria. M4.1 Total Experience of Proposed Staff See L5.2 M4.2. Professional Education and Credentials of Proposed Staff See L5.3 M4.3. Total Experience of the Firm See L5.4 M4.4. Scope of Work Proposed See L5.5 a. Understanding of the subject matter of the audit. b. Adherence to requirements of the Statement of Work. c. A methodology that directly addresses the audit objectives as described in the Statement of Work, including data availability. d. Adherence to Actuarial Standards of Practice in performance of all work and preparation of all reports. e. Proposed timeframes for performance and completion of work. f. Discussion of a potential problem M4.5 Past Performance References See L5.6 M4.6 System of Quality Control See L5.7 M5. CALCULATION OF THE TECHNICAL SCORE Calculation of the "technical score" will be computed by multiplying the maximum point score available by a fraction representing the ratio of the technical score of the proposal being evaluated to the technical score of the highest rated proposal. M6. PROPOSAL EVALUATION Proposals will first be reviewed for content and conformance to proposal preparation instructions. Proposals which are so deficient in these areas as not to warrant further consideration will be rejected and the Offeror will be so notified. The initial evaluation of proposals will be based on the Offeror's written response to the solicitation. Technical and price proposals will be evaluated in accordance with the criteria in this Section M. A determination of competitive range will be made and those Offerors excluded from the competitive range will be so notified. M7. FINAL PROPOSAL REVISIONS Written and/ or oral discussions may be conducted with those Offerors in the competitive range. Offerors, thus selected, shall be given an opportunity to submit a best and final offer. A common cut-off date shall be established for the receipt of best and final offers and for cessation of all competitive discussions. M8. FINAL EVALUATION AND SELECTION Final Evaluation and Contractor selection shall be made in accordance with the provisions of this Section M and shall be based on the Offeror's proposal as modified by the best and final proposal, if required. M9. EVALUATION OF OPTIONS (FAR 52.217-5 JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). M10 Progress Payments Not Included (FAR 52.232-15 APR1984) A progress payments clause is not included in this solicitation, and will not be added to the resulting contract at the time of award. Bids conditioned upon inclusion of a progress payment clause in the resulting contract will be rejected as nonresponsive.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/RRB/BSS/PD/RRB11R004/listing.html)
Place of Performance: Address: 844 N. Rush St., Chicago, Illinois, 60611, United States; Zip Code: 60611
Record: SN02398175-W 20110312/110310234725-1d22a58ff40af9d578b786c810cf6921 (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

| FSG Index | This Issue's Index | Today's FBO Daily Index Page |

Loren Data's SAM Daily™

R -- Actuarial Audit Services - Solicitation Document and Attachments