SOLICITATION_PACKET_15B50218Q00000026.pdf

U.S. Department of Justice

Federal Bureau of Prisons

Federal Correctional Complex

June 20, 2018

Dear Offeror, Enclosed is a solicitation package prepared by the Federal Bureau of Prisons, Federal Correctional Complex (FCC) - Beaumont, Texas, for the acquisition of services for a licensed and bonded contractor for the removal and replacement of two (2) existing Adtec 6400 electric sliding doors located in a corridor of the United States Penitentiary. This solicitation package is in accordance with Federal Acquisition Regulation (FAR). This package contains all the necessary information for submitting a proposal for evaluation.

In submitting proposals, offerors should consider all information provided herein. Please carefully follow all instructions located in the solicitation package concerning the content, format, and submission of proposals.

All potential offerors are advised that this solicitation includes the Federal Acquisition Regulation (FAR) clause FAR 52.204-7 System for Award Management (SAM). This clause requires all contractors doing business with the Federal Government to be registered in the SAM database. Offerors should include their Data Universal Numbering System (DUNS) number in their offers. The Contracting Officer will verify registration in the SAM database prior to award by entering the potential awardee's DUNS number into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

All potential offerors are also advised that this solicitation includes the Federal Acquisition Regulation (FAR) clause 52.204-8 Annual Representations and Certifications. This clause requires all contractors must have completed the annual representations and certifications electronically via the Online Representations and Certification Application (ORCA) website at http://orca.bpn.gov. The Contracting Officer will verify registration in the ORCA database prior to award by entering the potential awardee's DUNS number into the ORCA database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award.

A site visit is scheduled for Wednesday, June 27, 2018 at 8:00 AM. All contractors who wish to submit a quote are highly encouraged to attend the site visit. NCIC background checks will be required· for all participants attending the site visit. The authorization for release of information (Form BP-A0660 NCIC Check, Attachment 3) shall be completed for each attendee and submitted to Amanda Stanton, Facilities Assistant, via email at astanton@bop.gov. All forms shall be filled out legibly in dark ink or typewritten and be submitted to Mrs. Stanton in ample time to conduct a limited background security clearance (NCIC) for ALL persons who will be attending a site visit and be allowed access to enter the institution. The FBOP is prohibited from divulging any information regarding any reasons for NCIC denials. Only the fact that a person has been denied will be communicated to the company point of contact.

Prospective offerors are also cautioned against discussing the preparation of their bid (or any technical questions) with Government technical personnel. The circumstances of such contact, when verified, may result in non-consideration of the offer. Accordingly, all communication prior to award shall be directed to the Contracting Officer, in writing, at the aforementioned address.

Quotations shall be received on or before the deadline of Wednesday, July 18, 2018, at 12:00 pm CST. Proposals may be emailed to crwilliams@bop.gov or submitted to the following address:

Federal Bureau of Prisons FCC Beaumont P.O. Box 26015 Beaumont, Texas 77720-6015 Connie Brassfield, Contract Specialist

The official point of receipt for hand-carried proposals will be in the Procurement and Property Department of the Central Administration Building located at 5430 Knauth Road, Beaumont, Texas 77705. Please do not submit proposals to any location other than the one listed above. Proposals received after the deadline will be processed in accordance with the requirements of FAR 15 .208, Submissions, Modification, Revision and Withdrawal of Proposals.

Any questions relating to the solicitation shall be sent to Connie Brassfield, Contract Specialist, via email at crwilliams@bop.gov. I will consider all questions received and provide responses, where appropriate.

If you have any other questions, please feel free to call me at (409) 727-8187 extension 3374.

15B50218Q00000026 Page 1 of 43

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

2. CONTRACT NO. 3. AWARD/EFFECTIVE 14. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE DATE

15B50218Q00000026 06/20/2018

7. FOR SOLICITATION INFORMATION a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE I LOCAL

CALL: TIME

07/18/2018 12:00:00

9. ISSUED BY CODE I 15B502 10. THE ACQUISITION IS D UNRESTRICTED OR 0 SET ASIDE: %FOR

Federal Bureau of Prisons 0 SMALL BUSINESS D WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

FCC Beaumont D HUBZONE SMALL

SMALL BUSINESS PROGRAM

NAICS: 238990

5980 Knauth Road BUSINESS D EDWOSB

Beaumont, TX 77705 D SERVICE-DISABLED SIZE STANDARD: $ J 5

VETERAN-OWNED D SMALL BUSINESS B(A)

11. DELIVERY FOR FOB DESTINATION 12. DISCOUNT TERMS 13b. RATING

UNLESS BLOCK IS MARKED

D

13a. THIS CONTRACT IS A

Net 15 days RATED ORDER UNDER DPAS DSEE (15 CFR 700) 14. METHOD OF SOLICITATlON

SCHEDULE ~RFQ

D

IFB DRFP

15. DELIVER TO CODE I 15B502 16. ADMINISTERED BY CODE IBBMX

Federal Bureau of Prisons Federal Bureau of Prisons FCC Beaumont FCC Beaumont 5980 Knauth Road PO BOX26015 Beaumont, TX 77705 BEAUMONT, TX 77720

17a. CONTRACTOR/ CODE' I FACILITY I 18a. PAYMENT WILL BE MADE BY CODE IBBMX

OFFEROR CODE

Federal Bureau of Prisons FCC Beaumont

PO BOX 26015

BEAUMONT, TX 77720

TELEPHONE NO.

D17b. CHECK.IF REMITIANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

OFFER CHECKED D SEE ADDENDUM

h:·-~7!. < a_;;, -~ii;

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•, ... QW~NTlfr. UN_IT _UNIT,P\31~E . •. :::; I " .. ' .... - -~

THIS PROJECT WILL BE COMPLETED IN -

ACCORDANCE WITH THE ATTACHED

STATEMENT OF WORK (ATTACHMENT I).

See Continuation Sheet( s) {Use Reverse antUar Atracli Addilional Sheets us Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

D 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE A TI ACHED. ADDENDA D ARE n ARE NOT ATIACHED D 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATIACHED. ADDENDA D ARE D ARE NOT ATIACHED

IE] 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL >TEMS SET FORTH

D 29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5)

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, TERMS AND CONDITIONS SPECIFIED. IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31 a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30c. DATE SIGNED 31 b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

Connie Brassfield

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B50218Q00000026 Page 2 of 43

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

D RECEIVED D INSPECTED D ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:-------------

32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 321. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

OcoMPLETE 0PARTIAL DFINAL

I PARTIAL I IFINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YYIMM/DD) I 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

15850218Q00000026 Page 3 of 43

Table of Contents

Description

Solicitation/Contract Fonn Commodity or Services Schedule Contract Clauses

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING A PANDEMIC INFLUENZA

OR OTHER NATIONAL EMERGENCY (May 2008) 52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE

2004) Tailoring Tailoring 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996) 52.21-603-70 Contracting Officer's Representative (COR) (June 2012) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2018) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017) DJAR-PGD-15-02-2A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability- Award (DEVIATION 2015-02) (March 2015) DJAR-PGD-15-02-2B Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award - (DEVIATION 2015-02) (March 2015). 15

List of Attachments Solicitation Provisions

52.212-3 Offeror Representations and Certifications--Commercial Items (Nov 2017) 52.204-8 Annual Representations and Certifications (Jan 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) F A0-0021 Business Management Questionnaire 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005)

2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.212-1 Instructions to Offerors--Commercial Items (Jan 2017) 52.236-27 Alt I Site Visit (Construction) (Feb 1995)--Alternate I (Feb 1995) 52.216-1 Type of Contract (Apr 1984) 52.212-2 Evaluation - Commercial Items (Oct 2014)

15B50218Q00000026

Section 2 - Commodity or Services Schedule

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

SUPPLIES/SERVICES QUANTITY UNIT

CONTRACTOR TO REMOVE AND REPLACE TWO ~) EXISTING 1.000000 sv

ADTEC 6400 ELECTRIC SLIDING DOORS LOCATE IN A

CORRIDOR OF THE UNITED STATES PENITENTIARY.

MUST BE COMPLETED IN ACCORDANCE WITH THE

ATTACHED STATEMENT OF WORK

UNIT PRICE

AMOUNT

THE SUCCESSFUL CONTRACTOR SHALL BE RESPONSIBLE FOR ALL APPLICABLE FEDERAL, STATE, AND LOCAL TAXES.

NO TAX EXEMPTION CERTIFICATE WILL BE ISSUED BY THE FEDERAL BUREAU OF PRISONS.

15850218Q00000026 Page 5 of 43

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that confonn to the requirements of this con tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov ernment 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 exer cise 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 ofperfmmance 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 tenns and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agree ment 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 reason able 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, 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 oflading 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 co.n tract.

15850218000000026 Page 6 of 43

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking info1mation 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--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required ifthe 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, includ ing 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 perfonnance 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 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 41 U.S.C. 7109, 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 de mand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

15850218Q00000026 Page 7 of 43

(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 ofa 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 Acquisi tion 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 contraet 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.

(I) Termination/or the Government's convenience. The Government reserves the right to tenninate this contract, or any part hereof, for its sole convenience. In the event of such tennination, 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 tenns 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, pl us 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 tennination 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 detennined that the Government improperly terminated this contract for default, such termination shall be deemed a tennination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon ac ceptance, 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 particu lar 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 regu lations 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 limita tions 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. chapter 37, Contract Work Hours and Safety Standa~ds; 41 U.S.C. chapter 87, Kickbacks; 41U.S.C.4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

15850218Q00000026 Page 8 of 43

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following or der:

(I) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations 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) System for Award Management (SAM).

(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 SAM database, and for any liability resulting from the Govern ment's reliance on inaccurate or incomplete data. To rernain registered in the SAM 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 SAM database to ensure it is current, accurate and complete. Updating infonnation in the SAM does not alter the tenns 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 SAM 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 Of ficer. 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 SAM in formation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect inform ation 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 SAM record to reflect an assignee for the purpose of assignment of claims (see subpart 32.8, Assignment of Claims). Assignees shall be separately re gistered in the SAM database. Infonnation provided to the Contractor's. SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect infonnation within the meaning of the "Sus pension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confinnation requirements via SAM accessed through https:!lwww.acquisition.gov.

(u) Unauthorized Obligations

(I) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requir ing the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it ap pearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

15B50218Q00000026 Page 9 of 43

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Pai·agraph (u)(l) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. ·

(End of clause)

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Jan 2017)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting.

contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

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Clause Title Fill-ins (if applicable)

52.242-17 Government Delay of Work (Apr 1984)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

52.204-13 System for Award Management Maintenance (Oct 2016)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015)

52.223-2 ~ffirmative Procurement of Biobased Products Under Service and

Construction Contracts (Sep 2013)

52.232-8 Discounts For Prompt Payment (Feb 2002)

52.232-1 Payments (Apr 1984)

52.232-11 Extras (Apr 1984)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Dec2013)

52.233-1 Disputes (May 2014)

52.233-3 Protest after Award (Aug 1996)

52.233-4 !Applicable Law for Breach of Contract Claim (Oct 2004)

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr

15850218Q00000026 Page 10 of 43

Clause Title Fill-ins (if applicable)

1984)

52.243-1 Changes - Fixed-Price (Aug 1987)

52.253-1 Computer Generated Forms (Jan 1991)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(Oct 2016)

52.204-12 Unique Entity Identifier Maintenance (Oct 2016)

52.232-18 !Availability Of Funds (Apr 1984)

52.232-33 Payment by Electronic Funds Transfer - System for Award

Management (Jul 2013)

152.232-25 Prompt Payment (Jan 2017)

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.223-5 Pollution Prevention and Right-to-Know Information (May 2011)

52.223-17 !Affirmative Procurement of EPA-designated Items in Service and -

Construction Contracts (May 2008)

52.236-2 Differing Site Conditions (Apr 1984)

52.236-3 Site Investigation and Conditions Affecting the Work (Apr 1984)

52.236-7 Permits and Responsibilities (Nov 1991)

52.236-8 Other Contracts (Apr 1984)

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements (Apr 1984)

52.236-10 Operations and Storage Areas (Apr 1984)

52.236-12 Cleaning Up (Apr 1984)

52.236-13 Accident Prevention (Nov 1991)

52.236-14 Availability and Use of Utility Services (Apr 1984)

Clauses By Full Text

52.218-000 CONTINUING CONTRACT PERFORMANCE DURING AP ANDEMIC INFLUENZA OR OTHER NATIONAL EMERGENCY (May 2008)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absentee ism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in Government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be

15B50218Q00000026 Page 11 of 43 taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work perfonnance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

The types of actions a federal contractor should reasonably take to help ensure perfonnance are:

Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

Cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

Implement telework to the greatest extent possible in the workgroup so systems are in place to support suc cessful remote work in an emergency.

Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

Establish communication processes to notify employees of activation of this plan.

Integrate pandemic health crisis response expectations into telework agreements.

With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contract~ ors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropri ate.

Determine how all employees who may telework will communicatewith one another and with management to accomplish work.

Practice telework regularly to ensure effectiveness.

Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

Identify how time and attendance will be maintained.

It is the contractor's responsibility to advise the Government Contracting Officer if they anticipate not being able to perfonn and to work with the Department to fill gaps as necessary. This means direct communication with the Contracting Officer or in his/her ab sence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor's notifica tion. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperfonnance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations. · The Department does reserve the right in such emergency situations to use Federal employees, employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office offederal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and· Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

[End of Clause]

52.24-403-70 Notice of Contractor Personnel Security Requirements (OCT 2005)

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Infonnation Processing Standard Publication 201 (FIPS 20 I) 1 entitled "Personal Identification Verification (PIV) for Federal Employees and Contractors," Phase I.

1. Long-Term Contractor Personnel:

In order to be compliant with HSPp-12/PIV I, the following investigative requirements must be met for each new long-term 2 con- · tractor employee whose background investigation (Bl) process begins on or after October 27, 2005:

a. Contractor Personnel must present two forms of identification in original fonn prior to badge issuance (acceptable documents are listed in Form I-9, OMB No. 1615-0047, "Employment Eligibility Verification," and at least one document must be a valid State or Federal government-issued picture ID);

b. Contractor Personnel must appear in person at leasronce before a DOJ official who is responsible for checking the identification documents. This identity proofing must be completed sometime during the clearance process but prior to badge issuance and must be documented by the DOJ official;

c. Contractor Personnel must undergo a BI commensurate with the designated risk level associated with the duties of each position ..

Outlined below are the minimum BI requirements for each risk level:

High Risk - Background Investigation (5 year scope) Moderate Risk - Limited Background Investigation (LBI) or Minimum Background Investigation (MBI) Low Risk - National Agency Check with Inquiries (NACI) investigation

d. The pre-appointment BI waiver requirements for all position sensitivity levels are a:

1) Favorable review of the security questionnaire form;

2) Favorable fingerprint results;

3) Favorable credit report, ifrequired;3

4) Waiver request memorandum, including both the Office of Personnel Management schedule date and position sensitivity/risk level;

and

5) Favorable review of the National Agency Check (NAC) 4 portion of the applicable BI that is detern1ined by position sensitivity/risk level.

A badge may be issued following approval of the above waiver requirements.

15850218Q00000026 Page 12 of 43

If the NAC is not received within five days ofOPM's scheduling date, the badge can be issued based on a favorable review of the Se--· -curity Questionnaire and the Federal Bureau oflnvestigation Criminal History Check (i.e., fingerprint check results).

e. Badge re-validation will occur once the investigation is completed and favorably adjudicated. If the BI results so justify, badges is sued under these procedures will be suspended or revoked.

2. Short-Term Contractor Personnel:

It is the policy of the DOJ that short-term contractors having access to DOJ information systems and/or DOJ facilities or space for six months or fewer are subject to the identity proofing requirements listed in items I a. and I b. above. The pre-appointment waiver re quirements for short-term contractors are:

a. Favorable review of the security questionnaire form;

b. Favorable fingerprint results;

c. Favorable credit report, ifrequired;5 and

d. Waiver request memorandum indicating both the position sensitivity/risk level and the duration of the appointment. The commen~ surate BI does not need to be initiated.

A badge may be issued following approval of the above waiver requirements and the badge will expire six months from the date of is suance. This process can only be used once for a short-term contractor in a twelve month period. This will ensure that any consecutive short-term appointments are subject to the full PIV-I identity proofing process.

For example, if a contractor employee requires daily access for a three or four-week period, this contractor would be cleared according to the above short-term requirements. However, if a second request is submitted for the same contractor employee within a twelve month period for the p1,1rpose of extending the initial contract or for employment under a totally different contract for another three or four-week period, this contractor would now be considered "long-tenn" and must be cleared according to the long-term requirements as stated in this interim policy.

3. Intennittent Contractors:

An exception to the above-mentioned short-tenn requirements would be intermittent contractors.

a. For purposes of this policy, "intermittent" is defined as those contractor employees needing access to DOJ information systems and/ or DOJ facilities or space for a maximum of one day per week, regardless of the duration of the required intermittent access. For ex ample, the water delivery contractor that delivers water one time each week and is working on a one-year contract.

b. Contractors requiring intermittent access should follow the Depaiiment's escort policy. Please reference the August 11, 2004, and January 29, 2001, Department Security Officer policy memoranda that conveys the requirements for contractor facility escorted ac cess.

c. Due to extenuating circumstances, if a component requests unescorted access or DOJ IT system access for an intennittent contract or, the same pre-employment background investigation waiver requirements that apply to short-term contractors are required.

d. If an intem1ittent contractor is approved for unescorted access, the contractor will only be issued a daily badge. The daily badge will be issued upon entrance into a DOJ facility or space and must be returned upon exiting the same facility or space.

e. If an intermittent contractor is approved for unescorted access, the approval will not exceed one year. If the intermittent contractor requires unescorted access beyond one year, the contractor will need to be re-approved each year. ··

4. An individual transferring from another department or agency shall not be re-adjudicated provided the individual has a current (within the last five years), favorably adjudicated BI meeting HSPD-12 and DOJ's BI requirements.

5. The DOJ's current escorted contractor policy remains unchanged by this acquisition notice.

Notes:

1. FIPS 20 I is available at: www.csrc.nist.gov/publications/fips/fips201/FIPS-201-022505.pdf

2. Under HSPD-12, long-term contractors are contractors having access to DOJ information systems and/or DOJ facilities or space for six months or longer. The PIV-I identity proofing process, including initiation and adjudication of the required background investiga tion, is required for all new long-term contractors regardless of whether it is the current practice to issue a badge. The second phase of HSPD-12 implementation (PIV-11) requires badge issuance to all affected long-term contractors.

3. For contractors in position sensitivity/risk levels above level I, a favorable review of a credit check is required as part of the pre appointment waiver package.

4. In order to avoid a delay in the hiring process, components should request an Advance NAC Report when initiating investigations to OPM. Per OPM 's instructions, to obtain an Advance NAC Rep01i, a Code" 3" must be placed in block" B "of the" Agency Use Only" section of the investigative fonn. This report is available for all case types.

5.For contractors in position sensitivity/risk levels above level I, a favorable review ofa credit check is required as part of the pre- .

appointment waiver package.

[End of Clause]

52.27-103-72 DOJ CONTRACTOR RESIDENCY REQUIREMENT BUREAU OF PRISONS (JUNE 2004)

For three of the five years immediately prior to submission of an offer/bid/quote, or prior to perfonnance under a contract or commit ment, individuals or contractor employees providing services must have:

I. Legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current infonn ation regarding allied countries: http://www.opm.gov/employ/html/citizen.htm By signing this contract or commitment document, or by commencing perfonnance, the contractor agrees to this restriction.

15B50218Q00000026 Page 13 of 43

[End of Clause]

Tailoring Tailoring

Before entering an institution, the contractor and/or employees of the contractor shall meet certain security re quirements. The Employee Services Department will establish a security file that will be maintained on each ..

contractor from the begmning of work until the duration. The following infonnation will be maintained in this file:

1. National Crime Information Center check (NCIC)

2. DOJ-99 (Name check)

3. FD-258 (Fingerprint check)

4. Law Enforcement Agency checks

5. Vouchering of Employers for past five (5) years

6. SF-171 (Personnel Qualifications Statement)

7. OPM-329-A (Authority for Release oflnformation)

8. NACI check (if applicable)

9. Residency Requirement Form

10. Urinalysis Testing

Short term rquirements, only rquire a NACI check and completion of Contracor Pre-Employment form.

By signing the contract document, the contractor agrees to complete the required documents and undergo the listed procedures.

The services is a contracual arrangement and not a personnel appointment. Payment is based on an end product or the accomplishmentof a specific result. The service does not constitute an employer/employee relationship.

The contractor will not be subjec to Government supervision, except for security related matters. However, con-tractor performance shall be monitored. ·

Department Policy on Domestic Violence. Sexual Assault. and Stalking It is the Department's policy to enhance workplace awareness of and safety for victims of domestic violence, · sexual assault, and stalking. This policy is summarized in DOJ Policy Statement 1200.02 (Federal Workplace Responses to Domestic Violence, Sexual Assault, and Stalking), available in full for public viewing at .

ht tp://www.justice.gov/sites/default/files/ovw/legacy/2013/12/19/federal-workplacee-responses-to-domesticviolen ce-sexualassault-stalking.pdf. Vendor agrees, upon contract award, to provide notice of this Policy Statement, including at a minimum the above-listed URL, to all of Vendor's employees and employees of subcontractors who will be assigned to work on Department premises.

2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material (June 1996)

(a) "Unsafe condition" as used in this clause means'the actual or potential exposure of contractor or Government employees to a haz ardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other mated al or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requir ing safety controls.

(b) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

(c) Prior to commencement of work, contractors are required to inspect for and report to the contracting officer or designee the pres ence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

( d) If during the performance of the work under this contract, the contractor or any of its employees, or subcontractor employees, dis covers the existence of an unsafe condition, the contractor shall immediately notify the contracting officer, or designee, (with written notice provided not later than three (3) working days thereafter) of the existence of an unsafe condition. Such notice shall include the contractor's recommendations for the protection and the safety of Government, contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

(e) When the Government receives notice of an unsafe condition from the contractor, the parties will agree on a course of action to · mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will consti tute a dispute under the Disputes clause of this contract.

(f) Nothing contained in this clause shall relieve the contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining oflicenses and pennits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

(End of Clause)

15B50218Q00000026 Page 14 of 43

52.21-603-70 Contracting Officer's Representative (COR) (June 2012)

(a)Wallace G Cutright. Jr. ,General Foreman, FCC Beaumont,(409) 727-8172. ext. 2347, is hereby designated as the Contracting Of ficer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provide hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the con tractor effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement.