15JA0522Q00000001.pdf

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15JA0522Q00000001

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

10/14/2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

11/01/2021 10:00 ET

CODE 15JA05

Executive Office for United States Attorney 175 N Street NE 6th Floor Washington, DC 20530-0021

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 812930

SIZE STANDARD: $41.5M

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15JA89CODE15. DELIVER TO

U.S. Attorneys Office Eastern District of Wisconsin 517 E. Wisconsin Ave, Ste 530 530 Federal Building Milwaukee, WI 53202-4509

CODE 15JA0516. ADMINISTERED BY

Executive Office for United States Attorney 175 N Street NE 6th Floor Washington, DC 20530-0021

Mateaus Flournoy

(O) (803) 354-5402 mateaus.flournoy@usdoj.gov

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15JA89CODE18a. PAYMENT WILL BE MADE BY

U.S. Attorneys Office Eastern District of Wisconsin 517 E. Wisconsin Ave, Ste 530 530 Federal Building Milwaukee, WI 53202-4509

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

0001 Firm Fixed Price Monthly parking for Management of USAO-WIE 14 parking spaces at $______/each = $_________/month

PSC: X1LZ

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

12 $________________ $________________

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

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

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

Mateaus S. Flournoy

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Mateaus.Flournoy@usdoj.gov (803) 354-5402 x

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19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

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 (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

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Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Description of Services Statement of Work (SOW)

3 Contract Clauses EOUSA Local Clauses 2852.201-70 Contracting Officer's Representative (COR) – (EOUSA modified, March 2014) EOUSA AI-10-1D Continuing Contract Performance During a Pandemic Influenza or other National Emergency (October 2007) Electronic Signature (May 2019) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (June 2016) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Sep 2021) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.253-1 Computer Generated Forms (Jan 1991) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.203-12 Limitation On Payments to Influence Certain Federal Transactions (Jun 2020) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

4 List of Attachments 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications-Commercial Items (Feb 2021) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.212-1 Instructions to Offerors-Commercial Items (Sep 2021) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 52.217-5 Evaluation of Options (July 1990) Evaluation Criteria

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Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Line Period of Performance: 01/01/2022 - 12/31/2022

Base Period

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 Monthly parking for Management of USAO-WIE 14 parking spaces at $______/each = $_________/month

PSC: X1LZ

Line Period of Performance: 01/01/2023 - 12/31/2023

Option Period

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 Monthly parking for Management of USAO-WIE 14 parking spaces at $______/each = $_________/month

PSC: X1LZ

Line Period of Performance: 01/01/2024 - 12/31/2024

Option Period

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 Monthly parking for Management of USAO-WIE 14 parking spaces at $______/each = $_________/month

PSC: X1LZ

Line Period of Performance: 01/01/2025 - 12/31/2025

Option Period

12 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 Monthly parking for Management of USAO-WIE 14 parking spaces at $______/each = $_________/month

PSC: X1LZ

Line Period of Performance: 01/01/2026 - 12/31/2026

Option Period

12 MO $________ $_________________

Description of Services

Description of Services The contractor shall provide fourteen (14) covered, unreserved parking spaces in a parking garage within two (2) city blocks of the Federal Courthouse located at 517 E. Wisconsin Avenue, Milwaukee 53202. Due to added security levels deemed essential by the U.S. Attorney’s Office – Eastern District of Wisconsin, there is a requirement of location proximity, 24 hours a day/7 days a week parker access, and on-site security or monitored surveillance cameras.

The period of performance for this contract will include a base year and four one-year options as follows:

Base Year: 01/01/2022 – 12/31/2022 Option Year 1: 01/01/2023 – 12/31/2023 Option Year 2: 01/01/2024 – 12/31/2024

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Option Year 3: 01/01/2025 – 12/31/2025 Option Year 4: 01/01/2026 – 12/31/2026

Contract may be extended an additional six months pursuant to FAR 52.217-8, Option to Extend Services. In the event the contract is extended pursuant to FAR clause 52.217-8, Option to Extend Services, the prices for the most recent period shall apply.

The contract will be Firm Fixed Priced.

No Government Furnished Property shall be provided to the awardee.

Pricing The Government is providing a pricing template. Please do not include asterisks with exceptions or comments - only state the price for the Contract Line Item Number (CLIN) based on the description of the service provided. Any additions to the pricing page other than the CLIN price in the space provided will not be considered. If a CLIN is no charge, state N/C (instead of stating zero) in Unit Price Column. NA’s are not acceptable.

Statement of Work (SOW)

Background The mission of the United States Attorneys is to serve as the nation's principal litigators under the direction of the Attorney General.

There are 93 United States Attorneys stationed throughout the United States, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands. Each United States Attorney is the chief federal law enforcement officer of the United States within his or her particular jurisdiction. The USAO-WIE Senior Management need monthly parking to ensure public safety and pursue the fair and impartial administration of justice in Eastern Wisconsin.

Scope The United States Attorney’s Office, Eastern District of Wisconsin, located at 517 E. Wisconsin Ave, Ste 530, Milwaukee, WI 53202 has a requirement for 14 monthly parking passes for Senior Management. The parking garage must have 24 hours per day, 7 days per week availability for access holders. The parking garage must have a secure entry and exit point by key/access card and on-site monitored surveillance cameras. The parking garage must be within 2 city blocks of the U.S. Federal Courthouse at 517 E. Wisconsin Avenue, Milwaukee, WI 53202. The parking spaces shall be covered and can be non-reserved spaces.

Marking All information and deliverables shall be delivered to Box 15. on the front of the SF 1449 titled -Deliver To – and shall me be marked as follows:

1. Name and address of the contractor

2. Contract number

3. Description of item contained therein; and

4. Consignee’s name and address

Inspection and Acceptance Pursuant to 52.212-4, all work described in the SOW to be delivered under this contract is subject to final inspection and acceptance by an authorized representative of the Government. The authorized representative of the Government is the Government's Contracting Officer’s Representative (COR), who is responsible for inspection and acceptance of all services, materials, or supplies to be provided by the contractor. The Government will assess performance continuously during the period of performance.

Invoice Submission and Payment After service has been rendered, the contractor shall prepare one combined invoice for the 14 parking spaces and submit it monthly to the location listed in block 18a of the SF 1449. To constitute a proper invoice, the invoice must be submitted in accordance with FAR 52.212-4(g). Invoices that are not properly submitted, or that contain incorrect data, will be rejected and returned for revision.

Payment for actual services rendered under this contract will be made in accordance with the Prompt Payment Act. All federal payments (other than tax payments (made after January 1, 1999), will be made by Electronic Funds Transfer (EFT). The banking information for payment will be extracted from vendors active registration on SAM.gov. Contractor must have and maintain an active registration in SAM.gov.

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In accordance with the requirements of the Debt Collection Act of 1996, PL 104-134, it is the intent of the Department of Justice to use your Taxpayer Identification Number (TIN) for purposes of collecting and reporting on any delinquent amounts arising out of your relationship with the Government.

Roles and Responsibilities of Government Personnel

Contracting Officer. The Contracting Officer (CO) has the overall responsibility for the administration of this contract. He/she alone, without delegation, is authorized to take actions on behalf of the Department to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, the CO may delegate certain other responsibilities to his/her authorized representatives. This contract will be administered by:

Mateaus Flournoy

(803) 354-5402 Mateaus.Flournoy@usdoj.gov

The CO listed above is the only person authorized to direct the contractor and obligate the Government. The contractor shall notify the CO prior to providing any services that are outside those required by the purchase order.

Any actions taken by the contractor outside the terms and conditions of this purchase order shall be deemed to have been the contractor’s convenience and therefore shall not obligate the Government to pay the contractor for those efforts.

The contractor shall notify the Contracting Officer in writing (email is sufficient) at least thirty days in advance of any changes to service.

Contracting Officer’s Representative Lisa Plieseis

(414) 297-4519

The COR is appointed to act as an authorized representative in the monitoring and administration of this task order. This individual is designated in writing as a COR, with a copy given to the contractor. An individual designated as a COR is authorized to perform the following functions in accordance with the COR appointment letter:

Responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of the contract; providing direction to the contractor which clarifies the contract effort;

evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

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. If as a result of technical discussions it is desirable to alter/change contractual obligations, the Contracting Officer shall issue such changes.

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Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Items (Oct 2018)

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Clause Title Fill-ins (if applicable)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec

2014)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (June

2016)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders-Commercial Items (Sep 2021)

(b)(4): "X"

(b)(8): "X"

(b)(22)(i): "X"

(b)(29): "X"

(b)(30)(i): "X"

(b)(31)(i): "X"

(b)(32)(i): "X"

(b)(33): "X"

(b)(35)(i): "X"

(b)(44): "X"

(b)(58): "X"

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

52.253-1 Computer Generated Forms (Jan 1991)

52.217-8 Option to Extend Services (Nov 1999) Period of Time: "30 days."

52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) Period of Time: "30 days"

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Clause Title Fill-ins (if applicable)

(a) Days: "30 "

(c): "66 months."

52.203-12 Limitation On Payments to Influence Certain Federal Transactions

(Jun 2020)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

EOUSA Local Clauses 2852.201-70 Contracting Officer's Representative (COR) – (EOUSA modified, March 2014)

(a) Ms. Lisa Plieseis of the U.S. Attorney's Office - Eastern District of Wisconsin, 517 E. Wisconsin Avenue, Suite 530, Milwaukee, WI 53202, is hereby designated to act as Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract 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. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

EOUSA AI-10-1D Continuing Contract Performance During a Pandemic Influenza or other National Emergency (October 2007)

Continuing Contract Performance During a Pandemic Influenza or other National Emergency (October 2007)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism 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 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 performance, 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 performance are:

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

Contractors should 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 successful remote work in an emergency.

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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 contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

Determine how all employees who may telework will communicate with 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 perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractors notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance 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 of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

(end of clause)

Electronic Signature (May 2019)

(a) The Department of Justice is committed to doing business in the most efficient and effective way possible, and to facilitate paperless processes. In furtherance of this goal, the Contracting Officer may apply their digital signature to procurement documents in the Portable Document Format (PDF) through the use of their government issued Personal Identity Verification (PIV) Card with a valid public key certificate. A digital signature made with these certificates is evidence that a specific individual signed the electronic record and that it was not altered. The recipient of a signed document can rely on the digital signature as evidence for a third party that the signature was generated by the claimed signer.

(b) For procurement documents that require a signature from a representative of the Contractor, the Contractor may utilize manual or electronic signature. Should the Contractor utilize an electronic signature, by returning the document with an electronic symbol affixed to the appropriate signature block, the Contractor representative signing on behalf of the Contractor certifies that:

(1) Electronic Form of Signature: The Contractor representative has knowingly adopted, applied or affixed an electronic symbol to the document;

(2) Intent to Sign: The Contractor representative has applied an electronic symbol with the intent to legally bind the Contractor;

(3) Association of Signature to Record: the Contractor representative’s signature is attached to the electronic record being signed;

(4) Identification and Authentication of Signer: The Contractor has a means to identify and authenticate a particular person as the signer; and

(5) Integrity of Signed Record: The Contractor can attest to the integrity of the signed record between the time of signature and the returned record to the government.

(c) This clause applies to this document and any subsequent documents (e.g., modifications, task/delivery orders) associated with this action.

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(End of Clause)

[END OF ADDENDUM TO FAR 52.212-4]

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Section 4 - List of Attachments

This Section Is Intentionally Left Blank

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Section 5 - Solicitation Provisions

A.2 ADDENDUM TO FAR 52.212-1, Instructions to Offerors-Commercial Items (Sep 2021)

The terms and conditions for the following provisions are hereby incorporated into this solicitation as an addendum to FAR provision 52.212-1.

Provisions By Reference

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer.

In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov

Provision Title Fill-ins (if applicable)

52.212-3 Offeror Representations and Certifications-Commercial Items (Feb

2021)

52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Oct 2020)

52.204-7 System for Award Management (Oct 2018)

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

52.212-1 Instructions to Offerors-Commercial Items (Sep 2021)

52.217-5 Evaluation of Options (July 1990)

Provisions by Full Text

2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998)

(a) The following definitions apply in this provision:

(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.

(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official.

(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

(b) A protest filed directly with the Department of Justice must:

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(1) Indicate that it is a protest to the agency.

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest.

(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.

(5) Include the information required by FAR 33.103(d)(2):

(i) Name, address, facsimile number and telephone number of the protestor.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest.

(c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest.

(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.

(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.

(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest.

(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.

(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written.

(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.

(End of Clause)

Evaluation Criteria

In order for quotes to be considered acceptable and eligible for evaluation, they must be prepared in accordance with and in compliance with the instructions given in this RFQ and address all of the requirements set forth in the Statement of Work and Description of Services.

Evaluation will be performed in the following order based on level of importance:

1. Due to security concerns for the Senior Management, distance to the office is the most important criteria.

2. The quoter shall indicate how they meet the Government’s minimum security measures of on-site security or monitored surveillance cameras;

3. Parking garage must have a secure entry and exit point by key or access card;

4. 100% availability of all parking spaces at the start of the period of performance;

5. Parking garage must be accessible 24 hours per day, 7 days a week; and

6. Price.

[END OF ADDENDUM TO FAR 52.212-1]