33310519R0001.docx

33310519R0001 Section E

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

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 CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

1218-0196 521373

33310519R0001

Derek Meyers 2024167922 11-22-2018 @1pm EST

The John F Kennedy Center Attn: Contracting 2700 F Street, N.W.

Washington DC 20566-0001

X

N/A

JFKC Center for the Performing Arts Loading Dock #1

Washington DC 20566-001

Attn: Contracting

Contracting Invoices

Attn: Contracting

See CONTINUATION Page

See CONTINUATION Page

Table of Contents

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

B.1 CONTRACTING LINE ITEMS

Base Period: FY19 DECEMBER 1, 2018 – SEPTEMBER 30, 2019

OPTION YEAR 1: FY20 OCTOBER 1, 2019 – SEPTEMBER 30, 2020

OPTION YEAR 2: FY21 OCTOBER 1, 2020 – SEPTEMBER 30, 2021

OPTION YEAR 3: FY22 OCTOBER 1, 2021 – SEPTEMBER 30, 2022

OPTION YEAR 4: FY23 OCTOBER 1, 2022 – SEPTEMBER 30, 2023

Schedule B Pricing

MARCH 30, 2018

ROLLING SERVICE DOOR MAINTENANCE

STATEMENT OF WORK

1.0 BACKGROUND

The John F. Kennedy Center for the Performing Arts (JFKC) is a trust instrumentality of the U.S. Government and a living Presidential memorial. JFKC fulfills its obligation as a living memorial to the late President through the presentation of performing arts programming and through education activities both in the District of Columbia and around the country. The largest cultural facility of its kind, it is the nation’s busiest arts facility presenting more than 2,000 performances each year. It currently consists of one building encompassing approximately 1,500,000 square feet of usable floor space and is situated on 17 acres of land overlooking the Potomac River. There are six levels above the Plaza level and three levels below grade.

JFKC houses eight performance spaces, production support areas, two public restaurants, nine function/special event rooms, five public galleries/halls/foyers, approximately 55,000 square feet of administrative offices and a large parking facility. The three below-grade levels of the building contain additional administrative offices, support spaces, and pay parking for approximately 2000 cars (staff and general public).

The Plaza Level of JFKC serves as the major public entrance to the Center's three multi-level principal theaters, including the 2,448-seat Concert Hall, the 2,140-seat Opera House and the 1,142-seat Eisenhower Theater. Two grand corridors, the Hall of Nations and the Hall of States, lead to the Grand Foyer that extends along the length of the Center to the west. The 60-foot tall Grand Foyer contains the John F. Kennedy Exhibit that serves as a static memorial to the late president.

JFKC attracts over three million visitors annually. The facility operates 365 days per year and support systems in the building often operate in excess of 14 hours per day. As a performance venue JFKC has entertained millions of patrons. As a cultural destination it attracts large numbers of tourists as well as political and world leaders, dignitaries, and performing artists.

Begun in 2015, a new construction project on the Center’s South Plaza will add three pavilions visible above ground to expand education, rehearsal, performance, and gallery spaces. Beyond an additional 71,500 square feet of indoor spaces the new addition will also include a large green space with reflecting pools and garden paths. A connection between the JFKC and the Potomac River will finally be achieved via a pedestrian bridge, connecting the Potomac River waterfront and bike path to the expansion. Construction of the pavilions and landscape is expected to be completed in mid-2019.

The site of JFKC is bounded by:

2.0 PURPOSE

The contract is intended to provide full preventive maintenance and repair services to be performed between the hours of 7am through 5pm and twenty four (24) hour call back/repair services 365 days a year on all of the JFKC seventeen (17) rolling service doors. The contract also requires performance of supplemental services on an “as needed” on an reimbursable basis which may include alteration, improvement and/or overhaul of equipment, which when completed will modify and/or enhance the aesthetics, operation, performance, reliability, safety etc. of the doors beyond existing levels.

The door systems in this contract vary by manufacturer, model, age, size and performance characteristics and are subject to intense use in operating times and traffic loads which most properties and equipment do not experience. Consequently, the door systems included in this contract require a significantly higher degree of preventative maintenance, service, repair, inspection and testing than typical commercial installations.

3.0 SCOPE

The Contractor shall provide all necessary management, supervision, administration support, personnel, labor, material, tools, parts, miscellaneous supplies and equipment necessary to successfully perform the requirements contained in this SOW. The Contractor shall maintain and repair the rolling service doors described in this SOW in accordance with the Owners Operating Manual and installers recommendations with all current applicable codes and regulations as well as requirements described in the SOW unless otherwise directed by the Contracting Officer.

All work under the subject contract will take place at the following location:

John F. Kennedy Center for the Performing Arts 2700 F. Street, NW Washington, DC 20566

4.0 PREVENTIVE AND ON-DEMAND MAINTENANCE

· The contractor shall be responsible for performing all preventive maintenance services to maintain all equipment identified in this SOW in the fully operational condition as prescribed by the original equipment manufacturer’s recommended guidelines to include all tasks listed in the SOW.

· Should the contractor have recommended changes or additions to the preventive maintenance tasks or schedule, the contractor shall notify the COR in writing of proposal changes and justification.

· The contractor shall immediately notify the COR of all required repairs or parts found to be broken, inoperable or out of the manufacturer’s specified wear limits. The contractor shall perform this work as described in the SOW.

5.0 PREVENTIVE AND ON-DEMAND MAINTENANCE HOURS

The contractor shall schedule all preventive and on-demand maintenance work with the COR twenty-four (24) hours in advance. All work shall be scheduled between the hours listed below unless authorized in advance by the COR.

PREVENTIVE MAINTENANCE HOURS

1. Security Check Point Locations: Services shall be performed between the hours of 7:00 am and 10:00 am.

2. Loading Docks: Services shall be performed between the hours of 7:00 am and 5:00 pm.

3. Bi-fold Door: Services shall be performed between the hours of 7:00am and 10:00 am

ON-DEMAND MAINTENANCE HOURS

1. Security Check Point Locations: Services shall be performed between the hours of 7:00 am and 5:00 pm

2. Loading Docks: Services shall be performed between the hours of 7:00 am and 5:00 pm

3. Bi-Fold Door: Services shall be performed between the hours of 7:00 am and 5:00 pm

6.0 CONTRACTOR AND CONTRACTOR PERSONNEL QUALIFICATIONS

A. Contractor’s Qualifications

i. The Contractor shall have at least 10 years of documented professional experience in the business of providing quarterly preventive maintenance services, emergency services, inspections, and on-demand repairs for rolling service and bi-fold doors.

ii. The Contractor shall be able to provide all labor, materials, supplies, equipment, transportation, and supervision necessary for successfully fulfilling all requirements set forth in this contract.

iii. The Contractor shall have the resources to provide appropriate uniforms for all personnel. Clothing shall have the Contractor’s name affixed thereon in a permanent or semi-permanent manner, such as a badge or monogram, which is easily read. All employees shall maintain a neat appearance at all times.

iv. The Contractor shall be responsible for obtaining any necessary licenses and permits, and complying with any applicable Federal, State and municipal laws, codes, and regulations. No costs shall be borne by the Government. All work shall be in compliance with current United States Environmental Protection guidelines as well as any local laws.

Materials and chemicals shall be stored, used, and disposed of in such a manner as not to endanger and/or threaten the environment, health, and safety of the community, and the JFKC establishment.

B. Contract Manager’s Qualifications

i. The Contractor shall provide a Contract Manager who shall be responsible for the performance of the work under this contract. The Contract Manager shall have at least 5 years’ worth of professional experience in overseeing the quarterly preventive maintenance services, emergency services, inspections, and on-demand repairs for rolling service and bi-fold doors for the Federal Government and a full understanding of the work involved. The name of this person, and an alternate or alternates who shall act for the contractor when the manager is absent shall be designated in writing to the CO prior to the contract start date. The Contract Manager and alternate shall be fluent in English for both oral and written communication.

ii. The Contract Manager or alternate shall be available during normal duty hours within 30 minutes to meet on The Kennedy Center premises with government personnel (designated by the CO) to discuss problem areas. After normal duty hours, the Contract Manager or alternate shall be available within four hours.

C. Contractor Employees

i. The contractor shall not employ persons for work on this contract if such an employee is identified to the contractor by the CO as a potential threat to the health, safety, security, general well-being, or operational mission of The Kennedy Center and/or its population. Where reading, understanding, and discussing safety and environmental warnings are an integral part of a contract employee’s duties, that employee will be able to understand, read, write and speak fluent English. (The speaking skill is not required where a contractor employee is hearing impaired.)

7.0 KEY CONTRACTOR PERSONNEL

· The contractor shall provide the CO and COR with a list of names and telephone numbers of its key personnel who shall be responsible for fulfilling all the requirements of this SOW including responding to service and emergency call back requests.

· Resumes and certifications for the contractor’s key personnel shall be provided to the Contracting Officer and COR fifteen (15) days prior to the start date of the contract and shall be updated whenever approved changes are made.

8.0 INVENTORY OF EQUIPMENT

The JFKC currently maintains 17 rolling service doors and one bi-fold door. All doors are in fair condition. Locations for each are as follows:

Rolling Service Doors

1. Loading dock # 1

2. Loading dock # 2

3. Refrigeration room

4. Service Tunnel exit

5. Paint storage room near mechanical equipment room (MER) #3

6. Reflecting pool pump room

7. Level A garage south entry

8. Level A garage south exit

9. Level B garage north entry

10. Level B garage north exit

11. Level C garage north entry

12. Level C garage north exit

13. Level C garage north exit

14. Condenser pump room

15. Service tunnel storage room

16. Service tunnel storage room

17. Service tunnel storage room

Bi-fold Door

18. Service tunnel entry

9.0 PERFORMANCE REQUIREMENTS

A. Quarterly Preventive Maintenance & Inspections

The Contractor shall develop a quarterly inspection schedule that reflects the quarterly inspection of all 17 rolling service doors and the hydraulic bi-fold door. At a minimum, each piece of equipment shall be checked for proper operation and obvious defects. A comprehensive inspection report shall be created by the Contractor after each inspection has been completed. The Contractor is required to notify the COR of all deficiencies that require service and repairs. This notification will include a cost proposal that includes the cost for labor and materials to correct any deficiencies above that of routine preventive maintenance.

The Contractor shall develop and employ a comprehensive preventive maintenance plan for all equipment in order to ensure continued operability and optimum reliability of each component. The preventive maintenance program shall be equivalent to industry standards and the manufacturer’s recommendations on all equipment. As a minimum, preventive maintenance shall include the following items:

If a deficiency is noted which is not repairable, the contractor shall, within two days, have a cost proposal to fix the deficiency delivered to the COR via e-mail. The proposal shall include a firm-fixed price, or if this is not possible, an estimate of hours needed to correct the deficiency. All core locks shall be turned over to the Kennedy Center after removal.

B. On-Demand Maintenance & Emergency Services

The Contactor shall provide on-demand maintenance services, to include emergency service, as requested by the COR in order to restore proper system operation. The contractor’s personnel shall be on site for any malfunction within two hours of any emergency request received by telephone or otherwise from the COR at times other than specified as Contractor normal work hours. The Contractor will not be paid for time spent in transit to and from the JFKC. All repairs and assessments shall begin as soon as the mechanic arrives at the JFKC.

All emergency calls must be completed within 24 hours from the time the service call was made to the contractor. If the emergency call cannot be completed within 24 hours, the contractor shall immediately notify the COR and request an extension of time.

Regular maintenance work performed outside of the normal working hours (e.g. weekends) shall be coordinated with the designated person as directed by the COR in order to arrange for security clearance.

9.1 KICK-OFF MEETING

The Contractor’s Project Manager and other personnel as necessary shall attend a meeting to be held at JFKC within 5 days after contract award. The Contractor and the COR shall jointly agree upon a specific date. The purpose of the meeting includes:

A. A meeting of the Contracting Officer and the COR/Project Manager who will be the Contractor’s primary point of contact, and other Kennedy Center staff, with the Contractor’s Principal and the Project Manager.

B. The Contracting Officer will address the terms and conditions of the contract including performance requirements, deliverables, and the invoice process. The Contracting Officer will also provide a copy of the COR’s appointment letter which will outline specific authority and responsibility.

C. The Contractor will provide the name, project title, work hours, telephone and fax numbers, e-mail address and cell phone numbers as well as resumes of the Contractor’s Contract Manager and respective designee.

D. The Government and Contractor shall discuss and agree upon a coordination process.

E. The COR and Contractor personnel shall perform a detailed site visit 5 days after award.

F. The Contractor Project Manager, and other Contractor personnel as needed, will be issued a JFKC Identification (ID) Badge. To support this process the Contractor shall comply with the following requirements:

i. Complete and sign Part 1 of the Request for Kennedy Center Identification Badge prior to the Conference.

ii. The Contractor shall bring the completed ID Request Form plus proof of identity documentation to the ID Office.

G. The Contractor primary point of contact shall present an approved form of identification to the ID Badging Technician before the ID badge request can be processed. Photocopies are not acceptable during the initial badge issuance process.

H. Proof of identity must comply with Identity Verification Requirements (United States (U.S.) Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Form I-9, List A or B). The most common documents utilized are drivers licenses, military IDs, school photo ID’s, and passports. See the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Form I-9 for listings of acceptable identity verification information. The current version of the I-9 form is available on the USCIS website” https://www.uscis.gov/sites/default/files/files/form/i-9.pdf.

I. The ID Office will review, verify, and perform data entry of all information before taking a photo of the Contractor primary point of contact and print an ID.

DELIVERABLE: ID REQUEST FORM (COMPLETED)

9.1.1 HOUSEKEEPING

A. No equipment or new materials are to be stored in the facility except for those items that are necessary for completion of the immediate work. The Contractor shall confine storage of materials and equipment to the immediate project area at specific locations approved by the COR. Storage of any material or chemicals during non-working hours is strictly prohibited.

7.0 APPLICABLE PUBLICATIONS / SPECIFICATIONS

7.1 MISCELLANEOUS PROVISIONS

A. Notifications

The Contractor shall notify the COR in writing a minimum of 48 hours in advance if they will not be able to perform services as specified herein.

B. Meetings

The Contractor’s project manager shall be available for meetings to discuss contract performance and execution. Meetings will be as often as necessary and will be determined by the COR. Also, either party can request that a meeting be held whenever an issue arises.

C. Access to Site

Access to areas of work within the facility shall always be coordinated with the COR or his designated representative.

D. Parking

The contractor will be required to pay for parking during each site visit to the facility. Parking within the facility is also subject to availability. Reimbursement of costs shall not be borne by the JFKC.

8.0 TICKETS & INVOICES

A. Itemized invoices and tickets for preventive maintenance, inspections, and on-demand services (including emergency service) shall be rendered to the following address not later than 5 business days after the date of performance:

John F. Kennedy Center for the Performing Arts 2700 F Street, NW ATTN: Contracting Office Washington, DC 20566

9.0 DELIVERABLES

Government Approved

Government Approved

Government Approved

Key:

10.0 DEFINITIONS / ACRONYMS

10.1 DEFINITIONS

CONTRACTING OFFICER (CO) – A Kennedy Center employee with the authority to enter into, administer, and terminate contracts.

CONTRACTING OFFICER’S REPRESENTATIVE (COR) – A Kennedy Center employee specifically designated by the Contracting Officer to assist in carrying out the CO’s responsibilities at the project site.

CONTRACTOR’S PROJECT MANAGER – The Contractor’s employee who has the overall responsibility and authority to fulfill all the requirements of the Statement of Work.

PREVENTIVE MAINTENANCE – Maintenance (including inspection, cleaning, and repair) of equipment on a regular basis that is sufficient to prevent unplanned failure.

QUALITY CONTROL – A method used by the Contractor to assure that quality services are provided to satisfy the requirements of the contract.

QUALITY ASSURANCE – A means by which the Kennedy Center is able to confirm that the quantity and quality of services received conform to contract requirements. These methods/procedures are not included to aid the Contractor in the performance of the contract requirements or be a substitute for contract quality control.

SERVICES – Includes services performed, workmanship, and material furnished or utilized in the performance of services.

10.2 ACRONYMS

CO – Contracting Officer

COR – Contracting Officer Representative

FPP – Firm Fixed Price

JFKC – The John F. Kennedy Center for the Performing Arts

MSDS – Material Data Safety Sheet

SOW – Statement of Work

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 Contract Terms and Conditions—Commercial Items Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/index.html

(End of Clause)

(End of Addendum to 52.212-4)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

(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 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 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).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[] (10) [Reserved] [] (11)(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.

[X] (12)(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.

[] (13) [Reserved] [] (14)(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).

[] (15)(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.

[] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(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.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C 632(a)(2)).

[] (23) 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)).

[] (24) 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] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[] (26) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (28) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(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. 13627).

[] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 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.)

[] (35)(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.)

[] (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (38)(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.

[] (39)(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.

[] (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b).

[] (41)(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] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(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.

[X] (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.

[] (48) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (50) 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).

[] (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[] (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[] (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[] (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[] (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

[] (60)(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).

[X] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[X] (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).

[X] (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).

[X] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[X] (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 (SEP 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.

(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 (SEP 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)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) 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).

(xviii)(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.

33310519R0001 Section C (End of Clause)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

33310519R0001 Section D

SECTION E - SOLICITATION PROVISIONS

PROPOSAL CONTENT

In order to be considered responsive to this solicitation, your proposal must include 1 original and 3 copies of two packages. One package should include all technical information and one package should include pricing information.

1. TECHNICAL PROPOSAL:

1. Firm’s Qualifications and Experience The offeror shall demonstrate at least five years of specialized experience relevant to the requirements of the Kennedy Center’s vehicular barrier system service solicitation. In response to this evaluation factor, each offeror should submit the following:

1. Provide a brief history of the firm.

1. Identify three contracts the firm has held in the past five years that are similar to the Center’s requirements as detailed in the Scope of Work. (Offerors may not use the Kennedy Center for a past performance reference.) For each contract, provide the following information:

1. Name and location of the contract site

1. Firms responsibility during the contract

1. Client administrator or COTR information, including up-to-date contact information

1. Description of how the contract is similar to the JFKC requirements

1. Contract value per year

1. How long the firm has been retained by the client at this site

1. Other details that provide information demonstrating relevance

1. Technical Approach Each offeror should clearly state their company’s capability to meet the four hour response time for repair of the bollard system. The offeror shall also demonstrate their capability to perform defective correction time of eight hours. For this technical evaluation factor, the following should be provided:

1. A description of the means and methods that will be utilized by the firm to comply with the contract requirements; at minimum, the following should be addressed:

1. Service call processing, including both normal and after hours service call processing and dispatching.

1. Maintenance Scheduling

1. Availability of spare parts

1. Quality control plan

1. Any other methods of implementation or approach that the offeror deems relevant or separates the firm from its competitors

1. Past Performance For each of the three contracts provided by the offeror in Technical Evaluation Factor #1, the Center will contact the client to request a reference and performance evaluation. It is the responsibility of each offeror to ensure that client information is up to date and accurate and that clients are available to provide references as requested.

B. PRICE PROPOSAL:

1. Completed SF 1449, Solicitation, Offer and Award

2. Completed Section B (Line Items)

3. Representation and Certifications

ADDENDUM to FAR 52.212-1 Instructions to Offerors—Commercial Items Provisions that are incorporated by reference (by Citation Number, Title, and Date), have 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 following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

(End of Addendum to 52.212-1)

E.1 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical Approach Corporate Experience Past Performance

Technical and past performance, when combined, are equal to price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision) E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (NOV 2017) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision— Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal…