273FCC19Q0043.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

EBLV190003

5. SOLICITATION NUMBER

273FCC19Q0043

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Kadian.Ferguson

b. TELEPHONE NUMBER (No collect calls)

(202) 418-0137

8. OFFER DUE DATE / LOCAL TIME

08/15/2019 11:00:00

CODE CPC

Federal Communications Commission 445 12th Street, SW Washington, DC 20554

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

EDWOSB

8(A)

NAICS: 561730

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

LIVERMORECODE15. DELIVER TO

FCC Livermore Field Office 3320 Lorraine Street Livermore, CA 94551

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY Federal Communications Commission 445 12th Street, SW Room 1-A761 Washington, DC 20554

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

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Lines

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, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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)

Ferguson, Kadian 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 FAR) 53.21.2

FCC : : FCC

FCC : : FCC

Document Number: 273FCC19Q0043 Page 1 of 38

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. 02/2012) BACK

Document Number: 273FCC19Q0043 Page 2 of 38

Table of Contents

Section Description Page Number

1 Continuation Sheet 2 Contract Clauses

LOCAL-5 Invoicing Instructions (MAR 2019) LOCAL-13 Nonpersonal Services Contract (JUL 2019) LOCAL-14 Hold Harmless and Indemnity Agreement (JUL 2019) LOCAL-16 Access to Nonpublic Information and its Release (JUL 2019) LOCAL-4 Contracting Officer's Representative (COR) LOCAL-12 Contractor Promotional and Press Releases Relating to the Contract (JUL 2019) LOCAL-1 Security Requirements Suitability and Security Processing LOCAL-3 Post-Award Evaluation of Contractor Performance 52.202-1 Definitions (Nov 2013) 52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2019) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

3 Documents, Exhibits, or Attachments 4 Solicitation Provisions

52.212-2 Evaluation - Commercial Items (Oct 2014) 52.212-3 Offeror Representations and Certifications--Commercial Items (Oct 2018) LOCAL-18 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under any Federal Law (JUL 2019) 52.212-1 Instructions to Offerors--Commercial Items (Oct 2018)

Document Number: 273FCC19Q0043 Page 3 of 38

Section 1 - Continuation Sheet

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

0001 Grounds Maintenance 12.000000 MO

Period of Performance: 09/01/2019 - 08/31/2020

Description: Grounds Maintenance

PWS 6.1

Firm Fixed Price CLIN

6.1.1 - GRASS CUTTING – BUILDING AREA AND DRIVEWAY (2.3 acres) Mower Operator [Includes Mower] - 2.3 Acres April - Oct [twice per month]

6.1.1.1 - GRASS TRIMMING - With Grass Cutting Trimmer Operator [Includes Trimmer] - Lorraine Street fence line (1/4 mile in length – See TE 03) April - Oct [with grass cutting]

6.1.1.1 - GRASS TRIMMING - Perimeter Fence Trimmer Operator [Includes Trimmer] May/B - Oct/E [every other month - three times total]

6.2.1 - GRAVEL HARDSCAPE / WALK WAYS / ASPHALT WEEDING

General Grounds Maintenance Laborer - Spray / Hand pull weeds (4,500 SF + 10,500 SF - ASPHALT) April - Oct [two times per mowing season]

6.2.2 - GRAVEL HARDSCAPE ANNUAL MAINTENANCE

General Grounds Maintenance Laborer - Apply new gravel (4,500 SF + 10,500 SF - ASPHALT) April - Oct/E [one time per mowing season]

6.2.2 - GRAVEL HARDSCAPE ANNUAL MAINTENANCE

New Gravel - Material - Apply new gravel as needed (4,500 SF) April - Oct/E [one time per mowing season]

Reference Line: EBLV190003 - 0001

Pricing Options: Base

0002 Bulk Acre Cutting 2.000000 EA

Period of Performance: 09/01/2019 - 08/31/2020

Description: GRASS CUTTING – BULK ACRE CUTTING [OPTIONAL TASK]

PWS 6.1.1.3

Firm Fixed Price CLIN

6.1.1.3 - GRASS CUTTING – BULK ACRE CUTTING [OPTIONAL TASK]

Mower Operator [Includes Mower] - 117.7 Acres - 5" height April - Oct [two times per year total]

Reference Line: EBLV190003 - 0001

Pricing Options: Option

Document Number: 273FCC19Q0043 Page 4 of 38 fees)

1001 Grounds Maintenance 12.000000 MO

Period of Performance: 09/01/2020 - 08/31/2021

Description: Grounds Maintenance

PWS 6.1

Firm Fixed Price CLIN

Option Year 1

6.1.1 - GRASS CUTTING – BUILDING AREA AND DRIVEWAY (2.3 acres) Mower Operator [Includes Mower] - 2.3 Acres April - Oct [twice per month]

6.1.1.1 - GRASS TRIMMING - With Grass Cutting Trimmer Operator [Includes Trimmer] - Lorraine Street fence line (1/4 mile in length – See TE 03) April - Oct [with grass cutting]

6.1.1.1 - GRASS TRIMMING - Perimeter Fence Trimmer Operator [Includes Trimmer] May/B - Oct/E [every other month - three times total]

6.2.1 - GRAVEL HARDSCAPE / WALK WAYS / ASPHALT WEEDING

General Grounds Maintenance Laborer - Spray / Hand pull weeds (4,500 SF + 10,500 SF - ASPHALT) April - Oct [two times per mowing season]

6.2.2 - GRAVEL HARDSCAPE ANNUAL MAINTENANCE

General Grounds Maintenance Laborer - Apply new gravel (4,500 SF + 10,500 SF - ASPHALT) April - Oct/E [one time per mowing season]

6.2.2 - GRAVEL HARDSCAPE ANNUAL MAINTENANCE

New Gravel - Material - Apply new gravel as needed (4,500 SF) April - Oct/E [one time per mowing season]

Reference Line: EBLV190003 - 0001

Pricing Options: Option

1002 Bulk Acre Cutting 2.000000 EA

Period of Performance: 09/01/2020 - 08/31/2021

Description: GRASS CUTTING – BULK ACRE CUTTING [OPTIONAL TASK]

PWS 6.1.1.3

Firm Fixed Price CLIN

Option Year 1

6.1.1.3 - GRASS CUTTING – BULK ACRE CUTTING [OPTIONAL TASK]

Mower Operator [Includes Mower] - 117.7 Acres - 5" height April - Oct [two times per year total]

Reference Line: EBLV190003 - 0001

Pricing Options: Option

Document Number: 273FCC19Q0043 Page 5 of 38

2001 Grounds Maintenance 12.000000 MO

Period of Performance: 09/01/2021 - 08/31/2022

Description: Grounds Maintenance

PWS 6.1

Firm Fixed Price CLIN

Option Year 2

6.1.1 - GRASS CUTTING – BUILDING AREA AND DRIVEWAY (2.3 acres) Mower Operator [Includes Mower] - 2.3 Acres April - Oct [twice per month]

6.1.1.1 - GRASS TRIMMING - With Grass Cutting Trimmer Operator [Includes Trimmer] - Lorraine Street fence line (1/4 mile in length – See TE 03) April - Oct [with grass cutting]

6.1.1.1 - GRASS TRIMMING - Perimeter Fence Trimmer Operator [Includes Trimmer] May/B - Oct/E [every other month - three times total]

6.2.1 - GRAVEL HARDSCAPE / WALK WAYS / ASPHALT WEEDING

General Grounds Maintenance Laborer - Spray / Hand pull weeds (4,500 SF + 10,500 SF - ASPHALT) April - Oct [two times per mowing season]

6.2.2 - GRAVEL HARDSCAPE ANNUAL MAINTENANCE

General Grounds Maintenance Laborer - Apply new gravel (4,500 SF + 10,500 SF - ASPHALT) April - Oct/E [one time per mowing season]

6.2.2 - GRAVEL HARDSCAPE ANNUAL MAINTENANCE

New Gravel - Material - Apply new gravel as needed (4,500 SF) April - Oct/E [one time per mowing season]

Reference Line: EBLV190003 - 0001

Pricing Options: Option

2002 Bulk Acre Cutting 2.000000 EA

Period of Performance: 09/01/2021 - 08/31/2022

Description: GRASS CUTTING – BULK ACRE CUTTING [OPTIONAL TASK]

PWS 6.1.1.3

Firm Fixed Price CLIN

Option Year 2

6.1.1.3 - GRASS CUTTING – BULK ACRE CUTTING [OPTIONAL TASK]

Mower Operator [Includes Mower] - 117.7 Acres - 5" height April - Oct [two times per year total]

Reference Line: EBLV190003 - 0001

Pricing Options: Option

Document Number: 273FCC19Q0043 Page 6 of 38

3001 Grounds Maintenance 12.000000 MO

Period of Performance: 09/01/2022 - 08/31/2023

Description: Grounds Maintenance

PWS 6.1

Firm Fixed Price CLIN

Option Year 3

6.1.1 - GRASS CUTTING – BUILDING AREA AND DRIVEWAY (2.3 acres) Mower Operator [Includes Mower] - 2.3 Acres April - Oct [twice per month]

6.1.1.1 - GRASS TRIMMING - With Grass Cutting Trimmer Operator [Includes Trimmer] - Lorraine Street fence line (1/4 mile in length – See TE 03) April - Oct [with grass cutting]

6.1.1.1 - GRASS TRIMMING - Perimeter Fence Trimmer Operator [Includes Trimmer] May/B - Oct/E [every other month - three times total]

6.2.1 - GRAVEL HARDSCAPE / WALK WAYS / ASPHALT WEEDING

General Grounds Maintenance Laborer - Spray / Hand pull weeds (4,500 SF + 10,500 SF - ASPHALT) April - Oct [two times per mowing season]

6.2.2 - GRAVEL HARDSCAPE ANNUAL MAINTENANCE

General Grounds Maintenance Laborer - Apply new gravel (4,500 SF + 10,500 SF - ASPHALT) April - Oct/E [one time per mowing season]

6.2.2 - GRAVEL HARDSCAPE ANNUAL MAINTENANCE

New Gravel - Material - Apply new gravel as needed (4,500 SF) April - Oct/E [one time per mowing season]

Reference Line: EBLV190003 - 0001

Pricing Options: Option

3002 Bulk Acre Cutting 2.000000 EA

Period of Performance: 09/01/2022 - 08/31/2023

Description: GRASS CUTTING – BULK ACRE CUTTING [OPTIONAL TASK]

PWS 6.1.1.3

Firm Fixed Price CLIN

Option Year 3

6.1.1.3 - GRASS CUTTING – BULK ACRE CUTTING [OPTIONAL TASK]

Mower Operator [Includes Mower] - 117.7 Acres - 5" height April - Oct [two times per year total]

Reference Line: EBLV190003 - 0001

Pricing Options: Option

Document Number: 273FCC19Q0043 Page 7 of 38

4001 Grounds Maintenance 12.000000 MO

Period of Performance: 09/01/2023 - 08/31/2024

Description: Grounds Maintenance

PWS 6.1

Firm Fixed Price CLIN

Option Year 4

6.1.1 - GRASS CUTTING – BUILDING AREA AND DRIVEWAY (2.3 acres) Mower Operator [Includes Mower] - 2.3 Acres April - Oct [twice per month]

6.1.1.1 - GRASS TRIMMING - With Grass Cutting Trimmer Operator [Includes Trimmer] - Lorraine Street fence line (1/4 mile in length – See TE 03) April - Oct [with grass cutting]

6.1.1.1 - GRASS TRIMMING - Perimeter Fence Trimmer Operator [Includes Trimmer] May/B - Oct/E [every other month - three times total]

6.2.1 - GRAVEL HARDSCAPE / WALK WAYS / ASPHALT WEEDING

General Grounds Maintenance Laborer - Spray / Hand pull weeds (4,500 SF + 10,500 SF - ASPHALT) April - Oct [two times per mowing season]

6.2.2 - GRAVEL HARDSCAPE ANNUAL MAINTENANCE

General Grounds Maintenance Laborer - Apply new gravel (4,500 SF + 10,500 SF - ASPHALT) April - Oct/E [one time per mowing season]

6.2.2 - GRAVEL HARDSCAPE ANNUAL MAINTENANCE

New Gravel - Material - Apply new gravel as needed (4,500 SF) April - Oct/E [one time per mowing season]

Reference Line: EBLV190003 - 0001

Pricing Options: Option

4002 Bulk Acre Cutting 2.000000 EA

Period of Performance: 09/01/2023 - 08/31/2024

Description: GRASS CUTTING – BULK ACRE CUTTING [OPTIONAL TASK]

PWS 6.1.1.3

Firm Fixed Price CLIN

Option Year 4

6.1.1.3 - GRASS CUTTING – BULK ACRE CUTTING [OPTIONAL TASK]

Mower Operator [Includes Mower] - 117.7 Acres - 5" height April - Oct [two times per year total]

Reference Line: EBLV190003 - 0001

Pricing Options: Option

Section 2 - Contract Clauses

LOCAL-5 Invoicing Instructions (MAR 2019)

Invoicing Instructions To obtain payment, the Contractor shall submit a proper invoice (see FAR 32.905(b)) electronically via the U.S. Department of the Treasury’s Invoice Processing Platform (IPP), which can be accessed athttps://www.ipp.gov. In order to enroll to use the IPP system, the Contractor must follow instructions provided in an enrollment email that it receives from the IPP.

LOCAL-13 Nonpersonal Services Contract (JUL 2019)

Document Number: 273FCC19Q0043 Page 8 of 38

(a) This contract is a “nonpersonal services contract” as defined FAR Section 37.101. It is understood and agreed that:

1. The Contractor shall perform the services specified herein as an independent contractor, and, as such, Contractor employees are not employees of the FCC, nor shall they represent themselves to be employees of the FCC;

2. The Contractor is responsible for the management and supervision of its employees and for performance of the work required un-der this contract; and,

3. The FCC will not exercise the relatively continuous supervision and control over Contractor personnel that would be appropriate by an employer.

(b) Notwithstanding paragraph (a), the Contractor shall comply with Government technical direction and other instructions exercised as a matter of right under this contract to ensure accomplishment of the contract requirements and objectives, such as Government dir-ection to correct deliverables, Government approval of replacement key personnel. The Contractor’s Project Manager or other desig-nated manager shall communicate with the COR to confirm the FCC’s work requirements as set forth in this contract.

LOCAL-14 Hold Harmless and Indemnity Agreement (JUL 2019)

(a) Responsibility for Government Property. The Contractor assumes full responsibility for and shall indemnify the Government against any and all loss or damage of whatsoever kind and nature to any and all Government property, including any equipment, sup-plies, accessories, or parts furnished, while in its custody and care for storage, repair, or services to be performed under the terms of this contract, resulting in whole or in part from the negligent acts of the Contractor, any subcontractor, or any employee, agent, or rep-resentative of the Contractor or any Subcontractor.

(b) Hold Harmless and Indemnification Agreement. The Contractor shall save and hold harmless and indemnify the Government against any and all liability and claims and costs of whatever kind and nature for injury to or death of any persons and for loss of or damage to any property occurring in connection with or in any way incidental to or arising out of the occupancy, use, service opera-tion, or performance of work under the terms of this contract resulting in whole or in part from the negligent acts or omissions of the Contractor, any Subcontractor, or any employee, agent, or representative of the Contractor or Subcontractor.

LOCAL-16 Access to Nonpublic Information and its Release (JUL 2019)

(a) Definition. Nonpublic information, as used in this clause, means any Government or third-party information, whether included, re-vealed, or learned in performance of this contract (including any purchase order or order under a task or delivery order contract or a GSA schedule contract), that—

(1) Has been determined by FCC to be exempt from disclosure under the Freedom of Information Act (FOIA) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public, and the FCC has not yet determined whether the information can or should be made available to the public.

(b) Restrictions on use and disclosure of nonpublic information. (1) The restrictions provided in this clause are intended to protect both the Government and third-party owners of nonpublic information from unauthorized use or disclosure of such information.

(i) The Contractor shall indemnify and hold harmless the Government, its agents, and employees from every claim or liability, includ-ing attorneys’ fees, court costs, and expenses arising out of, or in any way related to, the misuse or unauthorized modification, repro-duction, release, performance, display, or disclosure of any nonpublic information to which it is given access during performance of this contract.

(ii) Third-party owners of nonpublic information to which the Contractor may have access during performance of this contract are third-party beneficiaries with respect to the terms of this clause who, in addition to any other third-party rights, have a right of direct action against the Contractor to seek damages for injuries arising from any violation of the terms of this clause.

(2) With regard to any nonpublic information to which the Contractor is given access in performance of this contract, whether the in-formation comes from the Government or from third parties, the Contractor shall—

(i) Utilize the nonpublic information only for the purposes of performing the services specified in this contract, and not for any other purposes;

(ii) Safeguard the nonpublic information from unauthorized use and disclosure;

(iii) Limit access to the nonpublic information to only those persons who need it to perform services under this contract;

Document Number: 273FCC19Q0043 Page 9 of 38

(iv) Inform persons who may have access to nonpublic information about their obligations to utilize it only to perform the services specified in this contract and to safeguard it from unauthorized use and disclosure;

(v) Obtain a signed nondisclosure agreement from each person who may have access to the nonpublic information. At a minimum, the nondisclosure agreement shall include language implementing the restrictions on use and disclosure of nonpublic information found in paragraphs (b)(2)(i) through (iv), and (b)(3) of this clause and substantially the same language as set forth in paragraph (h) below.

(vi) Provide a copy of any such nondisclosure agreement to the Contracting Officer upon request; and

(vii) Report to the Contracting Officer any violations of requirements (i) through (v) of this paragraph as soon as the violation is iden-tified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation, with follow-up reports of corrective actions taken as necessary.

(3) If the Contractor receives information that is marked in a way that indicates the Contractor should not receive this information, the Contractor shall—

(i) Notify the Contracting Officer;

(ii) Use the information only in accordance with the instructions of the Contracting Officer; and

(iii) Comply with any other notification provisions contained in this contract.

(c) Applicability.

(1) The obligations and prohibitions of paragraph (b) do not apply if the Contractor can demonstrate to the Contracting Officer that the information—

(i) Was in the public domain at the time the information was accessed by the Contractor;

(ii) Was published, after having been accessed by the Contractor, or otherwise becomes part of the public domain through no fault of the Contractor;

(iii) Was lawfully in the Contractor’s possession at the time the Contractor accessed it and was not acquired directly or indirectly—

(A) From the Government; or

(B) Under another Government contract;

(iv) Was received by the Contractor from a party, other than the information owner, who has the authority to release the information and did not require the Contractor to hold it in confidence.

(v) Is or becomes available, on an unrestricted basis in a lawful manner, to a third party from the information owner or someone acting under the control of the information owner;

(vi) Is developed by or for the Contractor independently of the information received from the Government or the information owner and such independent development can be shown;

(vii) Becomes available to the Contractor by wholly lawful inspection or analysis of products offered for sale by the information own-er or someone acting under the information owner’s control, or an authorized third-party reseller or distributor; or

(viii) Is provided to a third party by the Contractor with the prior written approval of the information owner.

(2) The Contractor may release nonpublic information to which the Contractor is given access in performance of this contract to a third party pursuant to the lawful order or rules of a United States Court or Federal administrative tribunal or body of compet-ent jurisdiction, provided that the Contractor gives to the information owner the opportunity to oppose such disclosures by providing the owner with prior written notice of: any proceeding in which compulsory disclosure of the information is foreseeable; and any spe-cific request or demand for the information during such proceedings. The Contractor shall notify the Government, and the third-party information owner (if applicable), within two (2) business days of the Contractor’s notice of the proceeding and the Contractor’s no-tice of specific request or demand for the information. More prompt notice, calculated to afford the information owner maximum op-portunity to oppose such disclosure, shall be provided when production of information is required in less than two business days.

(d) Other contractual restrictions on information. This clause is subordinate to all other FAR or FCC contract clauses or requirements that specifically address the access, use, handling, or disclosure of information. If any restrictions or authorizations in this clause are inconsistent with a requirement of any other FAR or FCC clause of this contract, the requirement of the other clause shall take preced-ence over the requirement of this clause. This clause is not subordinate to any Contractor terms or conditions that are incorporated in-

Document Number: 273FCC19Q0043 Page 10 of 38 to this contract.

(e) Remedies available to a third-party information owner. The Contractor’s failure to comply with the requirements of this clause may provide grounds for independent legal action or other remedies available to a third-party information owner based on the protec-tions of paragraph (b)(1) of this clause.

(f) Release of Contractor’s information. The Contractor agrees that the Government may, in appropriate circumstances, release to its contractors, their subcontractors, and their individual employees, nonpublic information provided by the Contractor in the perform-ance of this contract, subject to the following protections. To receive access to nonpublic information needed to assist in accomplish-ing agency functions, the contractor that will receive access to the nonpublic information must be operating under a contract that con-tains this clause, which obliges the contractor to respect use limitations as described in paragraph (b)(2) and provides third-party bene-ficiary rights as set forth in paragraph (e).

(g) Contractor Releases. The Contractor shall not publish, distribute, or permit to be published or distributed, any press release, pro-motional material, or statement relating to this contract that contains nonpublic information. If the Contractor is unsure whether the information it intends to publish or distribute contains nonpublic information, the document shall be provided, in its entirety, to the Contracting Officer for the sole purpose of determining whether nonpublic information is included.

(h) Relationship to other Government commitments. This clause does not affect the FCC’s responsibilities under the Freedom of In-formation Act or the Procurement Integrity Act. This clause is consistent with, and does not supersede, conflict with, or otherwise al-ter the employee or other obligations, rights, or liabilities created by, existing statutes or Executive orders relating to (1) classified in-formation, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this clause and are controlling.

(i) Subcontracts. The Contractor shall insert this clause, including this paragraph (i), in all subcontracts that may require the furnish-ing of nonpublic information to the FCC and in all subcontracts under which a subcontractor may have access to nonpublic informa-tion. The clause so inserted shall be appropriately modified to reflect the relationship of the parties, and the terms ‘‘contract,’’ ‘‘Contractor,’’ and ‘‘Contracting Officer’’ shall be appropriately modified to for the subcontract and to preserve the Government’s rights.

LOCAL-4 Contracting Officer's Representative (COR)

The FCC’s COR is responsible for monitoring the Contractor's progress in fulfilling the requirements specified in this contract or or-der. The COR ensures that all required documentation and/or services and/or supplies are submitted or performed in accordance with the requirements of this contract or order. Should the Contractor fail to fulfill any contractual requirements, the COR shall inform the Contractor of such failure. The COR shall also inform the FCC’s Contracting Officer of any technical or contractual problems or delays. The COR also approves all invoices and performs final inspection and acceptance of all work performed and/or all supplies delivered under this contract.

The FCC’s COR is not authorized to make any commitments or obligations on behalf of the FCC, including, without limitation, the exercise of options or the incurrence of any costs beyond the stated ceiling price(s) or fixed price(s). The COR shall not grant the Contractor permission to deviate from the requirements stated in the contract or order, and shall not direct the Contractor to perform any work beyond that stated in the contract or order.

By acceptance of this contract or order, the Contractor acknowledges and accepts the limited authority of the FCC’s COR, as specified herein. Further, the Contractor agrees that it will not accept any direction or instructions from the COR that are expressly prohibited herein.

The FCC’s COR for this contract or order is ______________________________. The COR may be reached via telephone at __, or, via email at ______________________________@fcc.gov.

LOCAL-12 Contractor Promotional and Press Releases Relating to the Contract (JUL 2019)

(a) Except as set forth in the clause titled Access to Nonpublic Information and its Release (if included in this contract), the FCC does not review for accuracy or approve any statements made in contractor press releases or other promotional material relating to the Con-tractor’s performance under this contract or the value or importance of its services or goods provided to the FCC under this contract, nor does the FCC endorse any particular contractor or the goods or services provided by any contractor, except as allowed by 5 C.F.R.

§ 2635.702(c)(1)-(2).

(b) The Contractor shall not publish, distribute, or permit to be published or distributed, any press release, promotional account, or statement that contains information attributed to, or quotations from, FCC personnel or the FCC itself relating to the Contractor’s per-formance under this contract or the value or importance of its services or goods provided to the FCC, unless the information is derived

Document Number: 273FCC19Q0043 Page 11 of 38 from a Government-wide past performance information system, is used in proper context, and is fair and accurate. Information con-tained on past performance questionnaires may be used only as approved by the Contracting Officer.

(c) Any press release, promotional material, or statement published or distributed by the Contractor that relates to this contract shall contain the following disclaimer, which shall be clearly displayed:

Disclaimer: This disclaimer is required by Contract No. [Contract Number]. The Federal Communications Commission (FCC) has not reviewed or approved any statement in this document for accuracy or validity. The FCC and its employees do not endorse goods or services provided by the Contractor or any other contractor.

LOCAL-1 Security Requirements Suitability and Security Processing

1. General.

a. All Contractor personnel (sometimes rendered “contract personnel”) are subjected to background investigations for the purpose of suitability determinations. Based on their proposed duties, some Contractor personnel may also be required to have security clearance determinations. No Contractor personnel may be assigned to work on an FCC contract without a Favorable Preliminary Adjudication determination by the FCC Security Operations Center (SOC). This includes a review of the OF 306, Declaration for Federal Employ-ment (http://www.opm.gov/forms/pdf_fihl/of0306.pdf), or a written waiver from the SOC.

b. Suitability, waiver, and security clearance determination investigations are currently conducted through the SOC (202) 418-7884.

If required, the individual contract employee will be provided with a review process before a final adverse determination is made. The FCC requires that any Contractor personnel found not suitable, or who has a waiver cancelled, or is denied a security clearance, shall be removed by the Contractor during the same business day that the determination is made.

c. If the Contractor personnel is re-assigned and the new position is determined to require a higher level of risk suitability than the Contractor personnel currently holds, the individual may be assigned to such position on a temporary and conditional basis while the determination is reached by the SOC. A new FCC Form A-600, “FCC Contractor Record Form” shall be completed for the new posi-tion.

d. Contractor personnel working as temporary hires (for ninety (90) days or less), must complete and receive a Favorable Preliminary Adjudication determination by the SOC. This includes a review of the OF 306 and completion of the Contractor personnel section of the FCC Form A-600. If, during the term of employment, the Contractor personnel will have access to any FCC Network application, the personnel must complete the mandatory FCC Initial Security Awareness Training (provided by the FCC Information Technology Center) and complete and sign the FCC Form A-200, “FCC Computer System Application Access Form,” and FCC Form A-201, “Computer System User Rules of Behavior.”

2. At Time of Contract Award.

a. The FCC Security Operations Center (SOC) must receive the completed and signed OF 306 for all proposed Contractor employees at the time of contract award. NOTE: The OF 306 must be signed/dated no earlier than 30 days from the contract award date. Re-sumes for all personnel proposed for assignment on the contract should be provided to the SOC prior to the time of the on-boarding process. The SOC requires a minimum of five (5) working days (from the date the forms are received) to process the OF 306 before any employee is allowed to begin work on the contract. A written waiver from the SOC may be obtained in special/extenuating cir-cumstances. All Contractor personnel, regardless of task description, must complete this form. Without an approved, completed OF 306 on file at the SOC, no contractor employee may begin work. An approved OF 306 is one that has resulted in a Favorable Prelim-inary Adjudication determination by the SOC. During the course of the SOC Preliminary Adjudication determination, the Contractor personnel may be interviewed by SOC staff regarding information on their OF 306 and shall cooperate on answering any questions asked or furnishing any written documents requested.

b. Additional Requirements for Non-U.S. Citizens. In addition to the OF 306 and A-600; the Contractor must provide the following information on all proposed contractor employees who are not U.S. Citizens, at the time of Contract Award;

(1) Copy of Proof of Legal Status in the U.S.; i.e., foreign passport w/visa, alien registration (Green Card), Permanent Resident Alien Identification Card, or other immigration document. NOTE: Document language must indicate the individual can work in the U.S.

(2) Sponsorship Letter from the Contracting Company identifying the individual as a Non-U.S. Citizen working for the Contracting Company.

(3) Copy of resume’ or other proof that the individual has been in the U.S. at least three (3) years (consecutively), prior to applying for the current FCC Contract position.

(4) A completed SF 85, Questionnaire for Non-Sensitive Positions. NOTE: At On-Boarding, Risk Designation determination may re-quire completion of SF 85P, Questionnaire for Public Trust Positions, or completion of SF 86, Questionnaire for National Security Po-sitions (e-QIP).

Document Number: 273FCC19Q0043 Page 12 of 38

c. In addition, the Contractor is responsible for submission of completed, signed computer security forms for each employee prior to that person beginning work on the contract (in accordance with FCC Instruction 1479.4, FCC Cyber Security Program and its associ-ated Information Technology Center (ITC) Cyber Security Policy. These forms should be submitted to the FCC Cyber Security Pro-gram Office after the Contractor completes the mandatory FCC Initial Security Awareness Training.

d. The COR shall begin processing their section of the FCC Contract Personnel Record (FCC Form A-600) at this time. This form, with the COR and CO portions completed, will be distributed at the time of contract award and must be submitted to the SOC within ten (10) working days.

e. The Office of Personnel Management (OPM) will issue a Certification of Investigation (CIN) following the appropriate background investigation. The SOC will notify the COR and CO, and the contractor personnel of the Final Adjudication determination, and provide instructions depending on whether the Final Adjudication is favorable or unfavorable.

3. Identity Proofing, Registration and Checkout Requirements.

a. Locator and Information Services Tracking (LIST) Registration.

(1) The FCC Security Operations Center (SOC) maintains a Locator and Information Services Tracking (LIST) database, containing contact information for all Commission and Contractor employees, regardless of work location. The Contractor employee’s FCC Form A-600, “FCC Contractor Record Form” captures the information for data entry into the LIST system.

b. On-Boarding Process.

(1) Following the processing of the OF 306 and a Preliminary Favorable Suitability Adjudication determination (unless waived), the Contractor personnel shall report to the SOC for identity verification and access badge issuance on their first scheduled workday.

(2) All new Contractor personnel must be escorted to the SOC by either the COR or CO responsible for the contract. At this time, the Contractor personnel must present two (2) forms of identification; one of which must be a picture ID issued by a State or the Federal government. The other piece of identification should be the original of one of the following;

U.S. Passport (unexpired) Certificate of U.S. Citizenship (Form N-560 or N-561) Certificate of Naturalization (Form N-S 50 or N-S 70) School ID Voter Registration Card U.S. Military Identification Card U.S. Military Family Member Identification Card U.S. Coast Guard Merchant Mariner Card Native American Tribal Association documents U.S. Social Security Identification Card Certificate of Birth Abroad, (Form FS-545 or Form DS-1350) Original or certified copy of a birth certificate, bearing an Official Seal

(3) After identity verification, the individual shall complete the Fingerprint Card form, PD 258, the Fair Credit Report Act Form, and be photographed and issued the appropriate access badge.

(4) At this time the Contract employee will be given one of the following forms, based on the security risk designation for the pro-posed support position/classification, to complete and return to the SOC within seven (7) business days;

(5) Low Risk Positions – SF 85, Questionnaire for Non-Sensitive Positions.

(6) Moderate Risk Positions – SF 85-P, Questionnaire for Public Trust Positions.

(7) High Risk Position/Secret or Top Secret Security Clearances – Standard Form (SF) 86, Questionnaire for Sensitive Positions (FCC utilizes the automated e-QIP Program).

(8) For any Contractor employee whose name is provided to the Commission for security investigation at the Moderate- or High-Risk level, who subsequently leaves the subject contract due to Contractor or Contractor employee decision within the first year, the Con-tractor shall reimburse the Commission for the cost of the investigation. If the contract or task order is scheduled for completion in under one year and the Contractor employee for whom a security investigation has been done leaves prior to the work being com-pleted, the Contractor and the SOC shall agree on a pro-rated amount for reimbursement. The cost may range from approximately $400.00 (Moderate Risk) to $3,200.00 (High Risk). The Contractor will be provided a copy of the investigation invoice with the reim-bursement request.

Document Number: 273FCC19Q0043 Page 13 of 38

c. Monthly Contractor Personnel Reports.

(1) The monthly report verifying Contractor personnel working at the FCC is a crucial element in the agency’s compliance with Homeland Security Presidential Directive (HSPD) 12. The format for the Monthly Contractor Report will be provided to the COR and CO. The Monthly Report is due to the SOC no later than the 3rd working day of the month following the reporting month. Ac-curate and timely reporting are required as part of the ongoing FCC access control efforts as mandated by HSPD-12 and Implementing Directives.

(2) The Contractor’s Program/Project Manager shall submit a Contractor personnel list to the SOC on the third working day of each month. This report shall be identified by the contract name and FCC Contract number, and shall list all the Contractor employees working at the FCC in the immediately previous month.

(3) The Report shall highlight or list in some way those individuals who are no longer employed by the Contractor or who are no longer working on the subject contract, as well as any additional Contractor personnel who have been successfully processed for work on the contract by the SOC since the previous report.

(4) The report shall be delivered electronically in MS Excel Format (as per example provided) as an Attachment to an E-Mail. The E- Mail should contain a statement of certification of accuracy and may originate with the Contract Program/Project Manager, but must be verified by the FCC COR for the Contract.

(5) No later than the 15th of each month, the SOC will notify the Contract Program/Project Manager, and the COR, to verify the Re-port was received on time, and whether there were any errors on the Report. Failure to submit the Report accurately, and on time, will result in notification made to the FCC Contracting Officer, recommending negative contract evaluation against the Contractor.

d. Departure/Checkout Processing.

(1) The Contract COR is the FCC POC for the departure/checkout process. The COR is required to send an e-mail to “Sign-Out” when a Contractor employee departs the FCC.

(2) This process verifies the access badge has been returned to the SOC by the Contractor personnel.

(3) If the checkout processing is not completed by the Contractor employee, the Contractor shall take action to ensure this action is completed no later than 30 calendar days after the employee’s departure from the FCC.

(4) Failure by the Contractor to properly out-process their personnel will result in notification made to the FCC Contracting Officer, recommending negative contract evaluation against the Contractor.

(5) The Contractor shall be liable for any damages arising from a failure to ensure that the checkout processing occurs within the thirty

(30) calendar days of the Contractor employee’s departure from the FCC.

e. Cyber Security.

(1) The Contactor shall ensure that:

(a) All Contractor employees assigned to this contract, that are required by their duties to be issued an FCC Computer Network Ac-count, obtain, read, understand, and acknowledge compliance with the Policy and Procedures of FCC Instruction 1479.4, Cyber Secur-ity Program and its associated Information Technology Center (ITC) Cyber Security Policy. These documents outline required safe-guards for the protection of agency-sensitive and mission-critical data. All Contractor employees must complete ITC-provided FCC Initial Security Awareness Training prior to being granted access to FCC networks and applications.

(b) All Contractor employees complete and submit to the FCC OMD-ITC, all forms required to gain access to, or modify, server com-puter systems access. Forms include FCC Computer System Office Application and/or System Access Form, FCC Form A-200 (used to identify the user requesting access to FCC computer resources), FCC Computer System Access Acknowledgement and Form A-201 (used to verify user’s obligations to secure the Commission’s computer system and data).

(c) All Contractor access to FCC computer systems is requested in accordance with policy and procedures and limited to “as needed” to perform official requirements under the Contract.

(d) All Contractor personnel protect the confidentiality, integrity, and availability of FCC information systems and data accessed to perform official requirements under the Contract and that all Contractor personnel ensure that computer systems, related hardware, software, and authorizations are not modified without the expressed written consent of the FCC.

LOCAL-3 Post-Award Evaluation of Contractor Performance

Document Number: 273FCC19Q0043 Page 14 of 38

1. Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.1502 –

42.1503. The final performance evaluations will be prepared at the time of completion of work.

2. The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The contractor will be permitted 14 calendar days to respond. Contractor response is voluntary. If the contractor does not respond within 14 days, the Gov-ernment will presume that the contractor has no comment. Any disagreement between the parties regarding an evaluation will be re-ferred to an individual at a level above the Contracting Officer, whose decision is final.

3. Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

The Federal Communications Commission utilizes the Contractor Performance Assessment Reporting System (CPARS) to record and maintain past performance information. CPARS hosts a suite of web-enabled applications that are used to document contractor per-formance information that is required by Federal Regulations. The CPARS module assesses performance on contracts for Systems, Services, Information Technology, and Operations Support. The Architect-Engineer Contract Administration Support System (ACASS) module assesses performance on Architect-Engineer contracts.

The Construction Contractor Appraisal Support System (CCASS) module assesses performance on Construction contracts. CPARS reference material can be accessed at:

http://www.cpars.csd.disa.mil/cparsfiles/cpars/refmatl.htm.

The registration process requires the contractor to identify an individual that will serve as a primary contact. This individual will be authorized access to the evaluation for review and comment. In addition, the contractor is encouraged to identify a secondary contact in the event the primary contact is unavailable to process the evaluation within the required 14-day time period.

After the FCC’s Contracting Officer registers the contract in CPARS, the contractor will receive a system generated e-mail notifying him/her that the contract is registered. A system generated e-mail will also provide the contractor with a User ID if the person does not already have a CPARS User ID. Once a performance evaluation has been prepared and is ready for comment, the contractor represent-ative will receive a system generated e-mail notification that the performance evaluation is electronically available for review and comment. The contractor representative will receive an automated e-mail whenever an assessment is completed and can subsequently retrieve the completed assessment from CPARS.

Contractors may access evaluations at www.cpars.csd.disa.mil for review and comment in CPARS. Past Performance evaluations and any contractor response will be made available to other federal government agencies on the Past Performance Information Retrieval System (PPIRS).

(End of clause)

52.202-1 Definitions (Nov 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(End of clause)

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

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform 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

Document Number: 273FCC19Q0043 Page 15 of 38

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 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) [Reserved].

(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 of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN).