Solicitation_20341218R00011-_Lenel_Key_Replacement_System-_Amended-.pdf

20341218R00011

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 address: https://www.acquisition.gov/far

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (JAN 2017)

1052.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (DEVIATION 2017-00001) (JULY 2017)

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 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.

1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY (APR 2015)

(a) The COR(s) are named on the award form. Should a change to the COR(s) be necessary in the future, they will be named on the modification SF-30.

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR.

If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

1052.204-70 INSIDER THREAT AWARENESS TRAINING (JULY 2016)

(a) Definition. “Classified information,” as used in this clause, is defined in FAR 2.101(b).

(b) The Government has determined that access to classified information is necessary in performance of this contract.

(c) Contractor personnel, including subcontractor personnel, determined to require access to classified information in performance of this contract shall successfully complete Insider Threat Awareness training initially and annually thereafter.

(1) Failure of a contractor employee to successfully complete the training in paragraph (c) of this clause will result in their access to classified information being revoked until such time the training is successfully completed. The Government reserves the right to take additional action deemed necessary to protect its interests.

(d) The Government may provide Contractor personnel access to a system for purposes of completing this training electronically.

(e) The Contractor shall ensure all Contractor personnel, including subcontractor personnel comply with the requirements of this clause.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where subcontractor personnel will have access to classified information.

1052.210-70 CONTRACTOR PUBLICITY (APR 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered during the evaluation of past performance.

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

LAPSE FUNDING

In the event of a lapse funding resulting in a government shutdown, the status of Fiscal Year funding and any necessary action required of the Contractor will be made available at the following website:

https://www.fiscal.treasury.gov/fsfaq/fs_doing_business.htm. It is the Contractor's responsibility to monitor this website for information regarding Fiscal Year funding.

1052.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (DEVIATION 00002)(JANUARY 2016)

(a) Definition. As used in this clause-

"Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies-

(1) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation;

(2) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Except as stated in paragraph (c) of this clause, when any supply or service acquired under this contract is subject to any CSA, that includes any language, provision, or clause requiring 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:

(1) Any such language, provision, or clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the CSA. If the CSA 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.

(3) Any such language, provision, or clause is deemed to be stricken from the CSA.

(c) Paragraph (b) 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.

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

PAYMENT AND INVOICE QUESTIONS (IPP)

For payment and invoice questions, go to https://arc.publicdebt.treas.gov/ipp/fsippqrg.htm or contact Accounts Payable at

(304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

OVERPAYMENTS

In accordance with 52.212-4 section (i) 5 Overpayments: Accounts Receivable Conversion of Check Payments to electronic funds transfer (EFT): If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an EFT. This means the Government will copy the check and use the account information on it to electronically debit the Contractor's account for the amount of the check. The debit from the Contractor's account will usually occur within 24 hours and will be shown on the regular account statement.

The Contractor will not receive the original check back. The Government shall destroy the Contractor's original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

MARKING OF SHIPMENTS

The Contractor shall ensure the contract number is clearly visible on all shipping/service documents, containers, and invoices.

PERFORMANCE EVALUATION

This award is subject to a performance evaluation via the Contractor Performance Assessment Reporting System (CPARS) at www.cpars.gov. Following the end of each 12 month performance period and at completion, a completed

Government evaluation shall be forwarded to the Contractor. The Contractor may submit written comments, if any, within the time period specified in the evaluation transmittal. The Contractor’s comments shall be considered in the issuance of the final evaluation document. Any disagreement between the parties regarding the evaluation shall be forwarded to the Contracting Officer. The final evaluation of the Contractor’s performance is the decision of the Contracting Agency and will be reviewed at least one level above the Contracting Officer. A copy of the final performance evaluation report will be sent to the Contractor and to the Government’s past performance database at www.ppirs.gov.

1052.242-70 Postaward Conference (JAN 2017)

Alternate I (JAN 2017)

(a) A postaward conference will be held with the successful offeror.

(b) The postaward conference will be held via telephone. The Contracting Officer or authorized designee will provide the Contractor with the date and time along with other pertinent information, including the agenda for the postaward conference.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2018) ((Deviation 2017-00001) (JULY 2017))

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

(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:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (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) 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (April 2014) (41 U.S.C. 4712) relating to whistleblower protections).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L.

109- 282) (31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

_X_ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41

U.S.C. 2313).

__ (11) [Reserved].

__ (12)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (13)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (14) [Reserved] _X_ (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (16)(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.

__ (17) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (18)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (19) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (20) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (21) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657 f).

_X_ (23) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (29) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_X_ (30) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (31) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (32) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

_X_ (34)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13 627).

__ (35) 52.222-54, Employment Eligibility Verification (OCT 2015). (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.)

__ (36)(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.)

__ (37) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN

2016) (E.O. 13693).

__ (38) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

__ (39)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (40)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (41) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (42)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (43) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.

13513).

__ (44) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (45) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (46)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

_X_ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (48)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter

83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (49) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (50) 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).

__ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31

U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013)

(31 U.S.C. 3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (60) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (61)(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:

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple

Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 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 (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I

(Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xxviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 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.

STATEMENT OF WORK (SOW)

For the Financial Crimes Enforcement Network (FinCEN) Key Replacement System

1. BACKGROUND:

The Financial Crimes Enforcement Network (FinCEN) bureau operates in Vienna, VA. The facility location currently requires lock and key solution. The goal of the solution is to provide replacement of existing lock core system and the addition of a key management system.

2. OBJECTIVE:

FinCEN is seeking the replacement of the existing lock core system. The cores shall be replaced with a designated enterprise scheme. Required will be the installation of a key management system with integration into the existing access control system. The key management system will deploy an automated locking cabinet with electronic key control.

3. PROJECT / SYSTEM OVERVIEW:

This project shall consist of the installation of compatible electronic integration software with LENEL that can provide integration with (1) 180 key locking cabinet and (1) 60 key locking cabinet. The installation of additional LENEL 4420 panels and FICAM readers required for interface with electronic cabinets.

This project shall also include the re-core/re-key of entry noted by this effort. The contractor will receive a controlled project packet scheme, which outlines the details of the effort. The packet shall be provided in person to contractor upon arrival for a scheduled site survey. The contractor shall receive a non-disclosure agreement prior to site survey and is required to provide prior to site survey.

4. GENERAL REQUIREMENTS:

a. The Contractor shall provide warranty maintenance, including all equipment, firmware/software; cabling and interconnections, and ancillary materials, documentation and devices and equipment required, regardless of whether or not such associated elements are individually specified.

b. The Contractor shall provide technical information and support on an as-required basis to assist FinCEN in completing security certification and accreditation testing. This testing may be required prior to using the system operationally. The contractor shall provide this data in a timely fashion to preclude delays in service and using the equipment. The contractor must have or meet the following criterion;

TOP SECRET CLEARED onsite performance.

LENEL certified support CISSP certified support Direct Company System Engineer support

c. The Contractor shall provide a schedule of work performance and notify designated FinCEN point of contact (POC) of deviation or delay of onsite work performance prior to such action.

d. The Contractor shall be responsible for the removal, inventory, and return of all removed equipment to FinCEN POC. The existing system shall remain fully functional and operational during the installation.

Deliverable Frequency Format Copies

Manufacturer cut sheets with specific models and model options identified

Upon completion of services and/or replacement of equipment

Adobe Acrobat (PDF) files and/or manufacture provided

(1) Site

(1) FinCEN

POC

Device Punch List Provide toward service completion

Adobe Acrobat (PDF) files and/or email

(1) Site

(1) FinCEN

POC

Device test results Contractor provided Testing Record of tests performed

(1) Site

(1) FinCEN

POC

Training materials Contractor provided Training Contractor format. Submit prior to Training for FinCEN

(4) Site

Configuration Documentation

Contractor provided and/or change management

Contractor specified, digital format and hard copy in binder.

(1) Site

(1) FinCEN

POC

Invoices Coordinated through FinCEN Representative

Format allotted

(1) Site

(1) FinCEN

POC

5. PLACE OF PERFORMANCE / WORK HOURS:

a. Two locations:

2070 Chain Bridge Road Suite 200 Vienna, VA 22182

1801 L. Street NW Washington D.C. 20036

b. The Contractor work hours are from (8:00am to 5:00pm), Monday thru Friday.

Except as specified by the Contracting Officer (CO), services shall not be required on the following Federal Holidays:

New Year’s Day, Presidential Inaugural Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day.

Generally, holidays that fall on Saturday are observed on the previous Friday and holidays that fall on Sunday are observed on the following Monday. Observance of such days by the Government personnel shall not be cause for an extension to the delivery schedule or period of performance or adjustment to the price, except as set forth in the contract

c. Any work performed by the Contractor at their own volition outside specified working hours shall be at no additional expense the government.

6. PERIOD OF PERFORMANCE:

The period of performance upon Contractor receiving award, shall be a period of (6) months for completion.

7. CONTRACTOR RESPONSIBILITIES:

a. The Contractor shall obtain all necessary permits, applications and approvals to complete the work and shall procure all equipment, software/firmware, licenses, materials and supplies required for service of the

b. The Contractor shall develop and prepare all aspects of a design for this agreement, which meets the requirements specified in this document and is compliant with all applicable national and local building and electrical codes.

c. The installation/upgrade expectation shall include, but is not limited to:

Installation and integration of all associated hardware and software components.

Routing of interconnecting cables and required conduit to provide full functionality of system.

Mounting and equipment housing design equivalent and/or greater to expected equipment.

Power connections and uninterruptible power supplies as specified.

Inner operability verification and testing of service performed.

d. The Contractor shall communicate and coordinate with other FinCEN personnel during the performance of the requirements identified in this SOW. The Contractor shall participate in, and contribute to, discussions involving various FinCEN Contractors. At no time shall direction be provided by, or given to, a contractor by another contractor, except where there are privities of contract. Should direction or resolution of issues be required, the Contractor(s) shall immediately notify the Contracting Officer’s Representative (COR).

e. To ensure a successful and productive work environment, Contractor shall establish and foster: a) formal information sharing, including requirement coordination forums and b) collaborative interfaces to facilitate application solution services in an integrated fashion.

8. PROJECT MANAGEMENT REQUIREMENTS:

a. All outages (e.g. electrical, network, etc.), of any type, shall be approved in writing by both the FinCEN in writing before equipment shutdown.

b. All work performed in accordance with this SOW shall conform to the strictest industry standards for commercial installations.

9. INSTALLATION:

a. The Contractor shall verify existing site conditions and requirements prior to servicing cabling and equipment required for the security systems. The Contractor shall be responsible for equipment connection cabling and cabling not installed at the beginning of any service installation.

b. The Contractor shall bring to the attention of the contracting officer’s representative (COR) and FinCEN security staff prior to the start of the project any conditions that may impact servicing equipment and or schedule.

c. Scheduling of all work for the site will be by the COR and the site security staff. All Federal and FinCEN Rules of Conduct will be followed. Firearms, smoking, alcoholic beverages, illegal drugs, fighting, horseplay, and cursing on FinCEN property are not permitted. Violation of conduct standards may result in the individual or individuals being expelled from the site indefinitely.

d. All installed equipment shall be level and square in all directions.

e. The Contractor shall furnish the means to install equipment which cannot be accessed by ladder.

f. All work required for the Government shall accomplish this project in strict accordance with the best practices of the building trades involved and as intended. The contractor shall be solely responsible for compliance with all OSHA, state, and local regulations.

g. All measurements/locations are approximate and shall be verified by the Contractor. The Government shall not be held responsible for any error or variation in any measurements or other data listed, nor shall the Contractor, because of an error or variation in any measurement listed, be relieved of the responsibility to carry out the contract in accordance with the true intent and meaning of the specifications without additional cost to the Government.

h. The Contractor shall provide new camera mounts at all locations according to the SOW. Some exterior locations shall require special consideration in regard to the new exterior façade grading panels and drainage downspouts. The Contractor shall provide a solution for these locations that is not disruptive to the existing ornate design and shall not cause damage to the ornate material or structure. The Contractor’s solution shall include color match of existing area to be aesthetically pleasing and approved in writing by FinCEN.

i. All outage requests shall be submitted a minimum of 72 hours in advance. Work should be planned in advance to give as much time as possible to schedule an outage. No work shall be done until official approval of the request is given. There may be times when an outage request is denied because of insufficient lead-time or interference with ongoing activities and have to be rescheduled.

j. The Contractor shall make available a representative from the company who has decision-making authority to appear on-site within a reasonable amount of time to answer questions or resolve problems or disputes.

k. The Contractor shall coordinate work of different trades so that interference between mechanical, electrical, architectural, and structural work, including existing services, shall be avoided and, within limits indicated, the maximum practical space for operation, repair, removal, and testing of equipment shall be provided.

l. Structural members shall not be cut or altered, except where noted on drawings and/or specifications, without written authorization of FinCEN. Any damage done to the facility or its contents in place during this contract shall be restored to the condition existing at time of award of contract and shall be approved in writing by FinCEN.

m. If any system, device, signal or control line fails after the Contractor has commenced work on that system, device, signal or control line, the Contractor shall diagnose the failure and shall perform any necessary corrections to the equipment.

n. The Contractor shall be solely responsible for ensuring their employees or subcontractors and employees follow the contract requirements. It is not the intent of the Government to either supervise the contractors’ employees or subcontractors nor to resolve any disputes or problems between the contractor and their subcontractor(s).

o. No cable or wire shall be left hanging or unsupported across ceiling tiles, HVAC ductwork, or pipe insulation.

All wire runs shall be suspended and secured via plenum rated wire ties or industry approved fasteners.

p. All walls, ceilings, floors, furniture, etc., shall be protected from damage due to water, staining, or falling debris created during the installation process. The Contractor shall repair any damage to the original condition and aesthetics at the Contractor’s expense. All areas shall be kept in a neat and orderly fashion and all ceiling tiles shall be closed up at the end of each business day.

q. The Contractor shall leave the site in the same condition as it was prior to Contractor work activities (or better) at the end of each day removing all trash and debris created by servicing of the security systems.

10. EVALUATION AND TEST:

a. The contractor shall conduct testing to demonstrate that the system and its components are installed in accordance with manufacturer specifications, configured to meet specific operational requirements, and operate in accordance with the requirements of this document. The Contractor shall perform all necessary verifying and testing to demonstration system complete and expected level of operation.

b. Upon successful completion of the installation and prior to the Final Acceptance Test, the Contractor shall test the systems to ensure that all devices are correctly installed and fully operational. A minimum of two (2) copies of all pre-test results shall be furnished to FinCEN for review prior to Final Acceptance Testing. Proper documentation of the test shall show date, time and results.

c. In the event further adjustment is required or defective equipment is to be repaired or replaced, tests shall be suspended. The contractor shall have personnel available at the job site to make adjustments and repairs during the Final Acceptance Testing.

d. At a minimum, the Final Acceptance Test shall consist of the following:

The operation of the each system and related equipment shall be demonstrated by the contractor.

All systems shall be inspected for operation, placement, conformance, identification, installation and code compliance.

All systems or devices that provide any notification output shall have additional testing for response time, audibility, output message, clarity and related instructions.

The contractor shall provide a complete set of the manufacturer provided operations and administration manuals.

11. WARRANTY:

The Contractor shall maintain under warranty all system components of the system for twelve months after service completion. The warranty period of (1) year shall commence on the date the COR approves final acceptance that all goods and services described in the ms have been received and approved as fully operational in accordance with the Statement of Work. The warranty shall include full and complete coverage for the replacement of all hardware and software and includes the labor associated with the installation, troubleshooting, testing and certification of parts covered under the warranty.

12. PERFORMANCE REQUIREMENT SUMMARY TABLE:

Requirements Performance Method Procedure Incentives/Disincentives

Perform installation and project management services

Developed in accordance with FinCEN's guidelines and TD P 15-71. No more than two rewrites required by COR.

100%

COR

Inspection

Service calls categorized correctly at the time of the contractor’s service call; Emergency response times met;

Urgent/Routine response times met to the satisfaction of FinCEN

Positive or Negative Performance Evaluation.

Unacceptable performance may require the Contractor to re-perform work at no additional cost to the Government.

Provide system analysis and functional configuration integration

Developed in accordance with FinCEN's guidelines and TD P 15-71. No more than two rewrites required by COR.

100%

COR

Inspection

Service calls categorized correctly at the time of the contractor’s service call; Emergency response times met;

Urgent/Routine response times met to the satisfaction of FinCEN

Positive or Negative Performance Evaluation.

Unacceptable performance may require the Contractor to re-perform work at no additional cost to the Government.

Respond to and satisfactorily complete service calls within the required times

Developed in accordance with FinCEN's guidelines and TD P 15-71. No more than two rewrites required by COR.

100%

COR

Inspection

Service calls categorized correctly at the time of the contractor’s service call; Emergency response times met;

Urgent/Routine response times met to the satisfaction of FinCEN

Positive or Negative Performance Evaluation.

Unacceptable performance may require the Contractor to re-perform work at no additional cost to the Government.

Contractor is required to maintain data and be provided to FinCEN

Developed in accordance with FinCEN's guidelines and TD P 15-71. No more than two rewrites required by COR.

100%

COR

Inspection

All data to be accurate and current at all times.

Positive or Negative Performance Evaluation.

Unacceptable performance may require the Contractor to re-perform work at no additional cost to the Government.

Provide Recurring Maintenance Management and Repair

Developed in accordance with FinCEN's guidelines and TD P 15-71. No more than two rewrites required by COR.

100%

COR

Inspection

Performing all scheduled recurring maintenance according to FinCEN expected schedule.

Positive or Negative Performance Evaluation.

Unacceptable performance may require the Contractor to re-perform work at no additional cost to the Government.

13. REFERENCE DOCUMENTS:

Reference Documents Source

E-Government Act [includes FISMA] (P.L. 107-347), December 2002 http://csrc.nist.gov/drivers/documents/HR2458-final.pdf

Federal Information Security Management Act (P.L. 107-347, Title III), December 2002. Paperwork Reduction Act (P.L.

104-13), May 1995.

http://csrc.nist.gov/drivers/documents/FISMA-final.pdf

National Institute of Standards and Technology (NIST) Special Publications (SP) http://csrc.nist.gov/publications/PubsSPs.html

Federal Information Processing Standards http://csrc.nist.gov/publications/PubsFIPS.html

Federal Information Processing Standards Publication (FIPS Pub) 201 http://www.csrc.nist.gov/publications/fips/fips201- 1/FIPS-201-1-chng1.pdf

Homeland Security Presidential Directive 12 (HSPD-12), August 27, 2004 https://www.dhs.gov/homeland-security-presidential-directive-12

Federal Desktop Core Configuration (FDCC): OMB M-07-11 Implementation of Commonly Accepted Security Configurations for Windows Operating Systems http://www.whitehouse.gov/sites/default/files/omb/asse ts/omb/memoranda/fy2007/m07-11.pdf

Federal Desktop Core Configuration (FDCC): OMB M-07-18 Ensuring New Acquisitions Include Common Security Configurations https://nvd.nist.gov/scap/docs/conference%20presenta tions/Day2/Barret_SCAP.pdf

Privacy Act of 1974 (P.L. 93-579), December 1974 and 5 U.S.C. § 552a http://epic.org/privacy/laws/privacy_act.html

Federal Information Processing Standards Publication FIPS-200 March 9, 2006 (publication) http://csrc.nist.gov/publications/fips/fips200/FIPS-200-final-march.pdf

Federal Information Processing Standards (Publication) FIPS-199 Standards for Security Categorization of Federal Information and Information Systems http://csrc.nist.gov/publications/fips/fips199/FIPS-PUB- 199-final.pdf

SOLICITATION PROVISIONS

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: https://www.acquisition.gov/far/

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION

(NOV 2015)

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The offeror represents that—

(1) It □ is, □ is not an inverted domestic corporation; and

(2) It □ is, □ is not a subsidiary of an inverted domestic corporation.

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

Brand Name or Equal: See specifications for all items. If an Equal is submitted, specifications must be included or offer, quote, or proposal will be rejected.

Offerors proposing an equal product are responsible for demonstrating how their product is equal to or better than the brand requested.

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (JAN 2017)

NOTICE TO FIRMS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

In accordance with far 9.405, offers, quotes, proposals are not solicited from firms debarred, suspended, or proposed for debarment. Ineligible firms shall consider this an informational copy only.

PROPOSAL INSTRUCTIONS

The Offeror assumes full responsibility for ensuring all electronic materials and attachments submitted are formatted in accordance with the Bureau of the Fiscal Service Security Requirements. The following file extensions are not allowable and application materials/data submitted with these extensions cannot be considered:

.bat, .cmd, .com, .exe, .pif, .rar, .scr, .vbs, .hta, .cpl, html, mhtml, and .zip files

The Government does not allow 3rd party messaging systems/secure mail.

Microsoft Office non-macro enabled compatible documents and .PDF documents are acceptable.