PRESOL | P | On-Site Document Destruction - Request For Quote

FBO DAILY ISSUE OF AUGUST 08, 2012 FBO #3910
SOLICITATION NOTICE

P -- On-Site Document Destruction - Request For Quote

Notice Date: 8/6/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 562998 — All Other Miscellaneous Waste Management Services
Contracting Office: Pension Benefit Guaranty Corporation, Chief Management Officer, Procurement Department, Suite 1090, 1200 K Street, N.W., Washington, District of Columbia, 20005-4026
ZIP Code: 20005-4026
Solicitation Number: PBGC01-PO-12-0045
Archive Date: 8/31/2012
Point of Contact: Lawrence C. Durden, Phone: 2023264160 ext. 6386
E-Mail Address: durden.lawrence@pbgc.gov
(durden.lawrence@pbgc.gov)
Small Business Set-Aside: N/A
Description: Request for Quote Solicitation No. PBGC01-RQ-12-0045 Combined Solicitation/Synopsis for: 562998 - All Other Miscellaneous Waste Management Services The Pension Benefit Guaranty Corporation (PBGC) requires the services of a document destruction vendor to provide regularly scheduled on-site document shredding of paper documents and records. This same vendor will also provide destruction of electronic storage media including data tapes, DVD's and other media on an as needed basis. (i).This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; electronic proposals are being requested and a written solicitation will not be issued. (ii). The solicitation number is PBGC01-RQ-12-0045. The solicitation is issued as a Request for Proposal (RFP). (iii). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-47. (iv). This acquisition is conducted as a small business set-aside. The requirements will be fulfilled using the Simplified Acquisition procedures, Part 13 of the FAR, and FAR 12.6-Streamlined Procedures for Evaluation and Solicitation for Commercial Items. The associated North American Classification System (NAICS) code is 562998 with a size standard of $7 million. (v) see number (vi) below. (vi). Descriptions of requirements to be acquired: The Pension Benefit Guaranty Corporation (PBGC) is soliciting competitive bids to select a Contractor that meets its requirements for shredding and destruction of confidential documents. The Contractor must provide weekly and bi-weekly (every two weeks) onsite destruction of sensitive/confidential documents nationwide and minimally at the specific locations listed below: • 1200 K. St. NW Washington, DC 20005 (65 containers weekly) • 1275 K. St. NW Washington, DC 20005 (15 containers bi-weekly) • 1175 Peachtree St. NE Atlanta, GA 30361 (5 containers bi-weekly) • 7414 Nordic Drive Cedar Falls, IA 50613 (3 containers bi-weekly) • 400 Rouse Road Coraopolis, PA 15018 (5 containers bi-weekly) • 3750 NW 87th Avenue Doral, FL 33178 (4 containers bi-weekly) • 304 S. Victoria Avenue Pueblo, CO 81002 (2 containers bi-weekly) • 26301 Curtiss Wright Pkwy Richmond Heights, OH 44183 (4 containers bi-weekly) • 2 North Tamiami Trail Sarasota, FL 34230 (5 containers bi-weekly) • 2500 Grubb Road Wilmington, DE 19810 (4 containers bi-weekly) • 5971 Kingstowne Village Pkwy Springfield, VA 22315 (20 containers bi-weekly) 1. QUANTITIES The quantities listed above are estimates based on past volumes and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied. The number of containers and locations, their size and distribution at various offices, as well as the frequency of services, may change upon PBGC request in accordance with its needs. Contractor shall be notified of any anticipated modification. 2. SPECIFIC REQUIREMENTS Contractor shall be able to organize and perform the services for shredding and destruction of confidential documents per these specifications, terms and conditions with respect to the following requirements: A. Containers: • Contractor shall provide the approximately 117 65-gal containers required as indicated in item 2 listed above, the contractor shall distribute the containers to various locations as directed by PBGC. • All containers shall be equipped with attached lid, combination locking devices and must have wheels. • Containers shall be of uniform color, and be clearly marked to indicate the container is only for deposit of "Confidential Documents for Destruction"; • Contractor shall submit to PBGC a complete description of the material type, size, color, signage and other features of containers selected by Contractor and accepted by PBGC for services under this agreement; • Contractor shall be responsible for maintaining all containers in good working order, cleaning containers as necessary and providing replacement and/or additional containers as may be requested by PBGC during the term of contract. • Containers shall remain Contractor's property during all contract periods. B. Security: 1. All Contractors' personnel involved in the shredding process shall pass pre-employment background-checks and be bonded; 2. Mobile shredding vehicles must be equipped with locks and security controls; 3. Contractor shall provide PBGC designee with certificate of destruction; 4. Contractor shall guarantee protection from misuse of documents designed for destruction, and shall be liable for disclosure of confidential information contained in the documents to other parties; 5. PBGC authorized staff shall be permitted to witness the document destruction process. C. Convenience: 6. Contractor shall send personnel to install the containers and familiarize PBGC employees with the destruction schedule; 7. Contractor shall check the containers and shall provide regular (weekly or bi-weekly) on-site destruction of material at all designated locations per PBGC instructions; 8. All containers at all locations will be processed either every week or every two weeks, except when otherwise requested by PBGC; 9. If shredding in confetti-cut pieces must be 5/16" or less, if shredding in strips the paper must be inserted so that the lines of print are perpendicular to the cutting line and the strips are 5/16" square or less; 10. Contractor shall provide urgency service (pick-up on call), if requested by PBGC; 11. PBGC employees shall not be required or allowed to separate materials, to remove fasteners or binders prior to shredding process; 12. Contractor shall perform on-site shredding during the hours of 9:30 to 4:00 pm 13. Contractor shall provide 24 hour Customer Service Support. 14. Contractor shall invoice only for services completed in accordance with the rates agreed; 15. Contractor shall document and perform work in an environmentally friendly manner. 16. Contractor must provide destruction of electronic storage media including data tapes, DVD's and other media on an as needed basis. 3. DELIVERABLES/REPORTS 1. Provide a certificate of destruction for all pick-ups. 2. Submit monthly reports to PBGC no later than the tenth (10th) working day of each month. The reports shall detail all containers assigned to PBGC, how many containers contents were destroyed. 3. Quality oversight for contract performance. Develop other custom reports that may be requested by PBGC. (vii). Dates and Places of delivery and acceptance: Base Period - (12) months starting 01/01/2013 - 12/31/2014. Option Period 1 - (12) months starting 01/01/2014 - 12/31/2015. Option Period 2 - (12) months starting 01/01/2015 - 12/31/2016. Option Period 3 - (12) months starting 01/01/2016 - 12/31/2017. Option Period 4 - (12) months starting 01/01/2017 - 12/31/2018. The Contractor must provide weekly and bi-weekly (every two weeks) onsite destruction of sensitive/confidential documents nationwide and minimally at the specific locations listed below: • 1200 K. St. NW Washington, DC 20005 (65 containers weekly) • 1275 K. St. NW Washington, DC 20005 (15 containers bi-weekly) • 1175 Peachtree St. NE Atlanta, GA 30361 (5 containers bi-weekly) • 7414 Nordic Drive Cedar Falls, IA 50613 (3 containers bi-weekly) • 400 Rouse Road Coraopolis, PA 15018 (5 containers bi-weekly) • 3750 NW 87th Avenue Doral, FL 33178 (4 containers bi-weekly) • 304 S. Victoria Avenue Pueblo, CO 81002 (2 containers bi-weekly) • 26301 Curtiss Wright Pkwy Richmond Heights, OH 44183 (4 containers bi-weekly) • 2 North Tamiami Trail Sarasota, FL 34230 (5 containers bi-weekly) • 2500 Grubb Road Wilmington, DE 19810 (4 containers bi-weekly) • 5971 Kingstowne Village Pkwy Springfield, VA 22315 (20 containers bi-weekly) (viii). The provision at 52.212.1, Instructions to Offeror-Commercial, applies to this acquisition. Offerors are required to submit (1) brief capability statement not to exceed 10 pages addressing the requirements set forth above, including proposed conference facilities, team building facilities, location, proof of compliance with the Hotel and Motel Fire Safety Act, and wifi availability; (2) references from 3 previous customers for which the Offeror has hosted an event similar in size to the USPTO requirement; (3) total price to include conference space, food and beverage, lodging, and IT/AV. Flexible attrition and cancellation terms will also be considered when evaluating price. Offerors entire electronic proposal, including catalogs and brochures shall not exceed 20 pages in length. (ix). The provision at 52.212.2, Evaluation -Commercial Items, will be used to evaluate offerors for awarding the purchase order. The Government intends to award a purchase order resulting from this solicitation to the responsible offerer whose offer conforming to the solicitation will be the most advantageous, representing the best value to the Government, price and other factors considered. The following factors shall be used to evaluate offers: 1. Quality of property. This includes, but is not limited to, conference center layout, location, wifi available, ease or access and security, cleanliness, ability to meet IT/AV requirements, facility that is compliant with the requirements of the Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) (15 U.S.C. 2201 et. seq.) and is listed on the U.S. Fire Administration Hotel and Motel National Master List. 2. Past Performance in hosting similar events of this size and type. 3. Proximity to the United States Patent and Trademark Office (between 50 and 150 miles). 4. Total price for lodging, food and beverage, conference rooms, IT/AV. Flexible attrition and cancellation terms will also be considered when evaluating price. Factors 1-3 collectively are more important than factor 4, price. The USPTO reserves the right to do a site visit for any proposed property and to consider information gathered in the site visit in making a selection decision. To be eligible for award under this solicitation, the offeror must propose a facility that is compliant with the requirements of the Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) (15 U.S.C. 2201 et. seq.) and is listed on the U.S. Fire Administration Hotel and Motel National Master List found at http://www.usfa.dhs.gov/applications/hotel/ and must be registered on the Central Contractor Registration website (www.ccr.gov). (x). Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer, or note that a current electronic copy is available at https://orca.bpn.gov/ (xi). The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. (xii). The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2011) (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.] __ (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). __ (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. __ (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-Subcon-tracting 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). _X_ (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. X__ (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.] __ (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.). __ (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. (xiii). N/A. (xiv) N/A. (xv). The closing date for the receipt of RFQs are due no later than 12:00 p.m., August 16, 2012 and shall be submitted electronically to: Heather Bakos at the following email address: durden.lawrence@pbgc.gov. Questions shall be submitted no later than 11:00 a.m. EST,August 08, 2012. The questions will be answered with an amendment to this synopsis/solicitation. Updates to this synopsis/solicitation will be posted on FedBizOpps (http://www.fbo.gov). (xvi). The point of contact for this solicitation is Lawrence Durden. Email: durden.lawrence@pbgc.gov, or ph: 202-326-4000 ext. 6386. This solicitation shall not be construed as a commitment of any kind. Solicitation No. PBGC01-RQ-12-0045 Combined Solicitation/Synopsis for: 562998 - All Other Miscellaneous Waste Management Services The Pension Benefit Guaranty Corporation (PBGC) requires the services of a document destruction vendor to provide regularly scheduled on-site document shredding of paper documents and records. This same vendor will also provide destruction of electronic storage media including data tapes, DVD's and other media on an as needed basis. (i).This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; electronic proposals are being requested and a written solicitation will not be issued. (ii). The solicitation number is PBGC01-RQ-12-0045. The solicitation is issued as a Request for Proposal (RFP). (iii). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-47. (iv). This acquisition is conducted as a small business set-aside. The requirements will be fulfilled using the Simplified Acquisition procedures, Part 13 of the FAR, and FAR 12.6-Streamlined Procedures for Evaluation and Solicitation for Commercial Items. The associated North American Classification System (NAICS) code is 562998 with a size standard of $7 million. (v) see number (vi) below. (vi). Descriptions of requirements to be acquired: The Pension Benefit Guaranty Corporation (PBGC) is soliciting competitive bids to select a Contractor that meets its requirements for shredding and destruction of confidential documents. The Contractor must provide weekly and bi-weekly (every two weeks) onsite destruction of sensitive/confidential documents nationwide and minimally at the specific locations listed below: • 1200 K. St. NW Washington, DC 20005 (65 containers weekly) • 1275 K. St. NW Washington, DC 20005 (15 containers bi-weekly) • 1175 Peachtree St. NE Atlanta, GA 30361 (5 containers bi-weekly) • 7414 Nordic Drive Cedar Falls, IA 50613 (3 containers bi-weekly) • 400 Rouse Road Coraopolis, PA 15018 (5 containers bi-weekly) • 3750 NW 87th Avenue Doral, FL 33178 (4 containers bi-weekly) • 304 S. Victoria Avenue Pueblo, CO 81002 (2 containers bi-weekly) • 26301 Curtiss Wright Pkwy Richmond Heights, OH 44183 (4 containers bi-weekly) • 2 North Tamiami Trail Sarasota, FL 34230 (5 containers bi-weekly) • 2500 Grubb Road Wilmington, DE 19810 (4 containers bi-weekly) • 5971 Kingstowne Village Pkwy Springfield, VA 22315 (20 containers bi-weekly) 1. QUANTITIES The quantities listed above are estimates based on past volumes and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied. The number of containers and locations, their size and distribution at various offices, as well as the frequency of services, may change upon PBGC request in accordance with its needs. Contractor shall be notified of any anticipated modification. 2. SPECIFIC REQUIREMENTS Contractor shall be able to organize and perform the services for shredding and destruction of confidential documents per these specifications, terms and conditions with respect to the following requirements: A. Containers: • Contractor shall provide the approximately 117 65-gal containers required as indicated in item 2 listed above, the contractor shall distribute the containers to various locations as directed by PBGC. • All containers shall be equipped with attached lid, combination locking devices and must have wheels. • Containers shall be of uniform color, and be clearly marked to indicate the container is only for deposit of "Confidential Documents for Destruction"; • Contractor shall submit to PBGC a complete description of the material type, size, color, signage and other features of containers selected by Contractor and accepted by PBGC for services under this agreement; • Contractor shall be responsible for maintaining all containers in good working order, cleaning containers as necessary and providing replacement and/or additional containers as may be requested by PBGC during the term of contract. • Containers shall remain Contractor's property during all contract periods. B. Security: 1. All Contractors' personnel involved in the shredding process shall pass pre-employment background-checks and be bonded; 2. Mobile shredding vehicles must be equipped with locks and security controls; 3. Contractor shall provide PBGC designee with certificate of destruction; 4. Contractor shall guarantee protection from misuse of documents designed for destruction, and shall be liable for disclosure of confidential information contained in the documents to other parties; 5. PBGC authorized staff shall be permitted to witness the document destruction process. C. Convenience: 6. Contractor shall send personnel to install the containers and familiarize PBGC employees with the destruction schedule; 7. Contractor shall check the containers and shall provide regular (weekly or bi-weekly) on-site destruction of material at all designated locations per PBGC instructions; 8. All containers at all locations will be processed either every week or every two weeks, except when otherwise requested by PBGC; 9. If shredding in confetti-cut pieces must be 5/16" or less, if shredding in strips the paper must be inserted so that the lines of print are perpendicular to the cutting line and the strips are 5/16" square or less; 10. Contractor shall provide urgency service (pick-up on call), if requested by PBGC; 11. PBGC employees shall not be required or allowed to separate materials, to remove fasteners or binders prior to shredding process; 12. Contractor shall perform on-site shredding during the hours of 9:30 to 4:00 pm 13. Contractor shall provide 24 hour Customer Service Support. 14. Contractor shall invoice only for services completed in accordance with the rates agreed; 15. Contractor shall document and perform work in an environmentally friendly manner. 16. Contractor must provide destruction of electronic storage media including data tapes, DVD's and other media on an as needed basis. 3. DELIVERABLES/REPORTS 1. Provide a certificate of destruction for all pick-ups. 2. Submit monthly reports to PBGC no later than the tenth (10th) working day of each month. The reports shall detail all containers assigned to PBGC, how many containers contents were destroyed. 3. Quality oversight for contract performance. Develop other custom reports that may be requested by PBGC. (vii). Dates and Places of delivery and acceptance: Base Period - (12) months starting 01/01/2013 - 12/31/2014. Option Period 1 - (12) months starting 01/01/2014 - 12/31/2015. Option Period 2 - (12) months starting 01/01/2015 - 12/31/2016. Option Period 3 - (12) months starting 01/01/2016 - 12/31/2017. Option Period 4 - (12) months starting 01/01/2017 - 12/31/2018. The Contractor must provide weekly and bi-weekly (every two weeks) onsite destruction of sensitive/confidential documents nationwide and minimally at the specific locations listed below: • 1200 K. St. NW Washington, DC 20005 (65 containers weekly) • 1275 K. St. NW Washington, DC 20005 (15 containers bi-weekly) • 1175 Peachtree St. NE Atlanta, GA 30361 (5 containers bi-weekly) • 7414 Nordic Drive Cedar Falls, IA 50613 (3 containers bi-weekly) • 400 Rouse Road Coraopolis, PA 15018 (5 containers bi-weekly) • 3750 NW 87th Avenue Doral, FL 33178 (4 containers bi-weekly) • 304 S. Victoria Avenue Pueblo, CO 81002 (2 containers bi-weekly) • 26301 Curtiss Wright Pkwy Richmond Heights, OH 44183 (4 containers bi-weekly) • 2 North Tamiami Trail Sarasota, FL 34230 (5 containers bi-weekly) • 2500 Grubb Road Wilmington, DE 19810 (4 containers bi-weekly) • 5971 Kingstowne Village Pkwy Springfield, VA 22315 (20 containers bi-weekly) (viii). The provision at 52.212.1, Instructions to Offeror-Commercial, applies to this acquisition. Electronic Submission: Proposals must be submitted electronically via the PBGC Secure Proposal site. To submit your proposal follow the steps below: - Encrypt your file(s) (password protect) - Go to http://files.pbgc.gov - Select "Secure Upload" - Enter the email address of the Procurement Officer and click "Start" - Enter your contact information. - Enter your message and a description of the submission (this information will be included in the notification to the Procurement Officer) - Click the notification checkbox to ensure you receive notification when the file is downloaded by the Procurement Officer. - Select the upload method, Regular or Enhanced. Regular upload works with all browsers and enhanced upload works with Java enabled browsers. - Select the file(s) to send (use the Browse buttons). - Press the Upload & Send button. - Send a separate email to the Procurement Officer and Specialist with your encryption password. You will receive an automated system confirmation of a successful upload, and an automated system email when the Procurement Officer downloads your submission. ****Note: Proposals will only be accepted electronically via email instructions above.**** Written Proposal Requirements: • The written proposal must be well-organized, legible, and professional in appearance. • The letter of transmittal must include an overall table of contents encompassing all binders submitted. • All proposals must be provided in 3-ring binders. • Each volume must include a table of contents reflecting only the contents of that volume. • Each factor, sub-factor and required document within each 3-ring binder must be separated by labeled tabs. The Business/Price proposal must be the final tab. • Tables of contents must reference the labeled tabs, making it clear to the reader which tab contains the topic. • Every page must be sequentially numbered. • The bulk of the written proposal should be single-spaced, printed double-sided in black ink on 8.5 x 11 inch (unless the template provided by PBGC is 8.5 x 14) white paper with a font size and style common to professional communications, margins approximately one inch and page numbers centered in the bottom margin. • When describing sequential events or enumerating substantive lists, Offerors should use bullets or numbered lists rather than embedding the events or list items into narrative paragraphs. Letter of Transmittal The proposal shall be accompanied by a cover letter (letter of transmittal) prepared on the company's letterhead stationery. The letter of transmittal shall identify all enclosures being transmitted and shall be used only to transmit the proposal and shall include no other information. The first or title page shall be in accordance with FAR 52.215-1, paragraph (c)(2). Specifically, the first page of the proposal must show- - The solicitation number; - The name, address, and telephone and facsimile numbers of the offeror (and electronic address if available); - A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item; - Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and - Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office. All offers shall be evaluated preliminarily to ensure compliance with the requirements set forth in this solicitation which include the following: - Timely receipt of the offer. - Determination of contractor and subcontractor responsibility in accordance with FAR 9.104. - Information presented in the manner required by Proposal Submission Instructions above. - Inclusion in the offer of all information required by Mandatory Requirements below. Evaluation Factors Overview Offerors must describe in detail how their proposed solution will meet certain key elements of the Statement of Work (section C). For each element, the Offeror's description must: - Reflect an understanding of PBGC requirements and constraints; - Address each specific element articulated in the instructions for each factor and sub-factor; - Clearly articulate processes and procedures, the sequencing of events and the flow of information; - Clearly identify roles. To ensure each specific element of each factor and sub-factor is addressed, Offerors are encouraged to structure their descriptions in the same general order and manner as the elements are articulated in the instructions. The award shall be made to the best overall proposal that is determined to be the most beneficial and offer the best value to the Government, with appropriate consideration given to the following 3 factors. Factor #1 Technical Proposal: 1. The offeror shall demonstrate their ability to serve all PBGC locations weekly or every two weeks. 2. The offeror shall demonstrate their ability to keep the material secure at all times and shall identify the method they will employ to Shred/Destroy the material. 3. The offer shall demonstrate their ability to provide the deliverables including the number and size of bins required under the statement of work Factor #2 Past Performance Provide at least three but no more than five references that have knowledge of the Offeror's performance on work similar to that described in section C of this solicitation that is either ongoing or completed. For each reference: • Provide names, phone numbers and email addresses (if available) of contact persons who can provide information regarding the Offeror's performance; • Provide the starting and ending years of the contract; Factor #3: Price Proposals: Offerors shall submit a Firm-Fixed Price for the Base Period and the 4 Option Periods. (ix). The provision at 52.212-2, Evaluation -Commercial Items, will be used to evaluate offerors for awarding the purchase order. The Government intends to award a purchase order resulting from this solicitation to the responsible offerer whose offer conforming to the solicitation will be the most advantageous, representing the best value to the Government, price and other factors considered. All offers shall be evaluated preliminarily to ensure compliance with the requirements set forth in this solicitation which include the following: - Timely receipt of the offer. - Determination of contractor and subcontractor responsibility in accordance with FAR 9.104. - Information presented in the manner required by Proposal Submission Instructions above. - Inclusion in the offer of all information required by Mandatory Requirements below. Evaluation Factors Overview Offerors must describe in detail how their proposed solution will meet certain key elements of the Statement of Work (section C). For each element, the Offeror's description must: - Reflect an understanding of PBGC requirements and constraints; - Address each specific element articulated in the instructions for each factor and sub-factor; - Clearly articulate processes and procedures, the sequencing of events and the flow of information; - Clearly identify roles. To ensure each specific element of each factor and sub-factor is addressed, Offerors are encouraged to structure their descriptions in the same general order and manner as the elements are articulated in the instructions. The award shall be made to the best overall proposal that is determined to be the most beneficial and offer the best value to the Government, with appropriate consideration given to the following 3 factors. Factor #1 Technical Proposal: 1. The offeror shall demonstrate their ability to serve all PBGC locations weekly or every two weeks. 2. The offeror shall demonstrate their ability to keep the material secure at all times and shall identify the method they will employ to Shred/Destroy the material. 3. The offer shall demonstrate their ability to provide the deliverables including the number and size of bins required under the statement of work Factor #2 Past Performance Provide at least three but no more than five references that have knowledge of the Offeror's performance on work similar to that described in section C of this solicitation that is either ongoing or completed. For each reference: • Provide names, phone numbers and email addresses (if available) of contact persons who can provide information regarding the Offeror's performance; • Provide the starting and ending years of the contract; Factor #3: Price Proposals: Offerors shall submit a Firm-Fixed Price for the Base Period and the 4 Option Periods. (x). Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer, or note that a current electronic copy is available at https://orca.bpn.gov/ (xi). The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. (xii). The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2011) (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.] __ (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). __ (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. __ (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-Subcon-tracting 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). _X_ (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. X__ (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.] __ (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.). __ (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. (xiii). N/A. (xiv) N/A. (xv). The closing date for the receipt of RFQs are due no later than 12:00 p.m., August 16, 2012 and shall be submitted electronically to: Heather Bakos at the following email address: durden.lawrence@pbgc.gov. Questions shall be submitted no later than 11:00 a.m. EST,August 08, 2012. The questions will be answered with an amendment to this synopsis/solicitation. Updates to this synopsis/solicitation will be posted on FedBizOpps (http://www.fbo.gov). (xvi). The point of contact for this solicitation is Lawrence Durden. Email: durden.lawrence@pbgc.gov, or ph: 202-326-4000 ext. 6386. This solicitation shall not be construed as a commitment of any kind.
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