36C25918Q9632-000.docx

36C25918Q9632 FedBizOpps Combined Synopsis/Solicitation Notice

CLASSIFICATION CODE

SUBJECT

CONTRACTING OFFICE'S

ZIP-CODE

SOLICITATION NUMBER

RESPONSE DATE

(MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

ADDRESS

POINT OF CONTACT

(POC Information Automatically Filled from User Profile Unless Entered)

DESCRIPTION

See Attachment

AGENCY'S URL

URL DESCRIPTION

AGENCY CONTACT'S EMAIL

ADDRESS

EMAIL DESCRIPTION

ADDRESS

POSTAL CODE

COUNTRY

ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field FedBizOpps Combined Synopsis/Solicitation Notice Rev. March 2010 R Unarmed Security Guards (VA-18-00116910) 80111 36C25918Q9632 07-16-2018 N 561612 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 Tim Myers, Timothy.Myers5@va.gov VA Office of Community Care 3773 Cherry Creek North Drive Denver, CO 80209

USA

Timothy.Myers5@va.gov Tim Myers, CO

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 A

ND 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

741-18-4-7521-0072 36C25918Q9632 06-28-2018 Tim Myers, Timothy.Myers5@va.gov 303-712-5820 07-16-2018

3:00 PM

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 X X 561612 $19 Million X N/A X VA Office of Community Care 3773 Cherry Creek North Drive Denver CO 80209 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 The Contractor shall provide unarmed guard services located at VA Denver, CO.

Period of Performance:

Base Year: 9/25/2018 - 9/24/2019 Option Year One (1):

9/25/2019 - 9/24/2020 Option Year Two (2): 9/25/2020 - 9/24/2021 Option Year Three (3): 9/25/2021 - 9/24/2022 Option Year Four (4): 9/25/2022 - 9/24/2023

741-3680152-7251-866400-2580 SPW0BP2A1

X X Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD Contractor Name:

Address:

City/State/Zip:

Contact Name:

Telephone Number:

Fax Number:

Email:

*DUNS Number: _________________________________

*Tax Identification Number (TIN): _________________________________

*CAGE Code: _________________________________

b. GOVERNMENT: Contracting Officer 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971

Invoicing shall be in accordance with the requirements of The Department of Veterans Affairs (VA) Financial Services Center (VAFSC). The latest information shall be used for invoicing and payments and may change during the Period of Performance of this acquisition. Invoice requirements are currently as follows: Invoice Number, Invoice Date, Purchase Order Number, Unit Price, Quantity and Unit of Measure, Total Invoice Price, Ship-To Location Name and/or code, Receipt of Goods/ Services, Invoice Payment Terms.

Current Invoicing information is located at http://www.fsc.va.gov/einvoice.asp. It states:

4.1. FSC Mandatory Electronic Invoice Submission: The Department of Veterans Affairs published a final rule in the Federal Register on November 27, 2012 to require contractors to submit payment requests in electronic form in order to enhance customer service, departmental productivity, and adoption of innovative information technology, including the appropriate use of commercial best practices. The rule is effective December 27, 2012.

4.2. Vendor Electronic Invoice Submission Methods: Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

4.3. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, TUNGSTEN NETWORK (formerly OB10), to transition vendors from paper to electronic invoice submission. Please see TUNGSTEN NETWORK contact information below to begin submitting electronic invoices, free of charge.

4.4. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).

The X12 EDI Web site (http://www.x12.org).

4.5. Vendor e-Invoice Set-Up Information: Please contact TUNGSTEN NETWORK at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or TUNGSTEN NETWORK, please contact the FSC at the phone number or email address listed below:

a. TUNGSTEN NETWORK e-Invoice Setup Information: 1-877-489-6135;

b. TUNGSTEN NETWORK e-Invoice email: VA.Registration@ob10.com;

c. FSC e-Invoice Contact Information: 1-877-353-9791; and

d. FSC e-invoice email: vafsccshd@va.gov

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

NOTE: To receive a government contract, Contractors SHALL be registered in System for Award Management (SAM). A System for Award Management (SAM) check will be performed prior to award https://www.sam.gov/portal/public/SAM/.

Page 1 of Page 1 of Page 1 of Page 1 of B.2 Price/Cost Schedule Item Information

B.3 STATEMENT OF WORK

UNARMED GUARD SERVICES

1. SCOPE OF WORK

The Contractor shall furnish all personnel, equipment and supplies, except as specified herein as government-furnished, to provide unarmed security guard services at the VA Office of Community Care (OCC) 3773 Cherry Creek North Drive, Denver, CO 80209

2. DUTIES AND CONDUCT

The 2 unarmed guards are responsible for maintaining the security of the VA OCC leased space and grounds by patrolling all parts of the building under the purview of the Community Care @ the OCC Supervisor of Facility Management, which will include monitoring the alarms and making notifications when incidents occur.

The guard shall conduct a physical walk through of all VA leased space every two hours to ensure the security and safety of VA personnel and report any unusual activity to authorized VA Logistics personnel responsible for Safety & Security. Pertinent VA phone numbers will be provided while the guard is on site. The guards shall possess a PIV access card to all VHA OCC secured spaces which will be active only during the hours of 5:30 AM through 10:30 PM Monday thru Friday. There will be 2 different shifts. The first shift will be from 5:30 AM until 2 PM. The second shift will be from 2 PM until 10:30 PM. Any records generated in the course of this contract will be the property of the VA, maintained at the VA and will not be removed from the Premises.

The guard shall report all unusual events and suspicious activities to the VA Facility Manager or a designated representative by radio or telephone promptly.

The guard shall comply with all applicable US Department of Veterans Affairs rules, regulations and directives.

Any procedural questions that arise in any situation shall be directed to VA Facility Management or a designated representative for guidance. If necessary, the guard may request assistance from the Denver VA Medical Center Police Department. Contact numbers will be provided during initial training by the VA Facility Manager.

All Fire, Ambulance and Police (to include K-9) shall always be allowed entry however the guard will record all such entries, and report them to the Chief of Logistics and the VA Facility Manager.

The guard shall maintain the guard desk, located next to the receptionist in suite 470A (HR) clean and uncluttered at all times. All personal equipment shall be stored either inside the desk or in a location out of sight of the general public.

The guard shall utilize the VA chain of command and the VA Logistics team for issues pertaining to the security and operations of the post. The discovery of inoperable equipment shall be called in to the VA Facility Management or a designated representative to initiate a work order.

The guard shall conduct his/her duties in a professional manner, maintaining a professional demeanor. The guard shall refrain from making any “off color” remarks, lewd comments or criticisms of personnel he/she comes in contact with.

The guard shall not abandon his/her post for any reason except for normal rounds unless directed by emergency personnel or the VA Facility Manager, Building Manager or the Logistics Division Chief. The guard will close out and arm all doors every day. Once armed, guard will not re-enter unless door alarm is activated.

The Guard shall leave his/her post, if the supervisor’s panic button alarm has been activated. You will then report to that supervisor office or location for to see if help is needed. VA employee lockouts: Responsibility: escort them, unlock their work space, and verify PIV credential or Government ID.

To ensure the primary duties of security are carried out, the following items are not allowed in all duty stations: Magazines, newspapers, radios, electronic music devices (MP3 players), police/fire dept. scanners, lap top computers, televisions, VCR’s, personal business/school related materials or any other personal items that are not performance related to his/her duties. They are unauthorized during work times. Magazines, newspapers, etc. will only be authorized during scheduled breaks and lunch in authorized lunch/break areas while on duty and on property. In addition, no personal electronic storage devices such as memory sticks, CDs, disks, etc. may be inserted into government computers or allowed on VA property.

The only items permitted at the work station besides official references will be containers for his/her meals and drinks.

3. PERSONNEL

The primary duty hours will be Monday through Friday from the hours of 5:30 AM to 6:00 PM MST, excluding Federal holidays. Walking VA Space will start at 6:00 AM. He/she will also be allowed a 15 minute break in the morning and afternoon and a ½ hour lunch period. Times may be adjusted periodically to support the mission of the VA with the agreement of both parties. Whenever this becomes necessary, every effort will be made to notify the contracted person well in advance.

Minimum Qualification Standards – Security Guards:

Education/Experience. The selected individual must possess a high school education or equivalency and have two (2) years of security experience. Previous experience must have demonstrated the ability to meet and deal with the general public, the ability to read, understand and apply printed rules, detailed orders, instructions, and training materials. He/she must also have the ability to maintain poise and self-control under stress. He/she must have the ability to construct and write clear, concise, accurate and detailed reports. Applicable military service may be credited toward meeting these requirements.

Relevant education above the high school level or any combination of relevant education and experience totaling two (2) years may be credited in lieu of the two years of security experience.

Contract employees for this position shall be a minimum of twenty-one (21) years of age.

4. HEALTH AND PHYSICAL FITNESS REQUIREMENTS

Employees assigned by the contractor to work under this contract shall be physically able to perform all general patrol duties, functions, and activities. They shall be free of any communicable disease and properly proportioned to height and weight. They shall be in good general health and not have any physical abnormalities that would interfere with the performance of their duties. They shall possess vision correctable to 20/30 (Snellen) and not be color blind. They shall be capable of hearing ordinary conversations at 15 feet with either ear without the benefit of a hearing aid.

Each employee shall be provided a physical examination without cost to the employee. Funding for the physical examination must be provided by the contracting agency. Medical certification attesting to the final results of this examination shall be furnished to the VA Contracting Officer (CO) at least five days prior to the anticipated date of assignment. The certification must be approved by the CO prior to assignment of the employee to duty. All contracted employees providing services specified under this contract must also undergo a psychological assessment. This assessment will be coordinated and funded by the contracting agency. The employee shall be re-examined annually and the results furnished to the VA Contracting Officer.

All selected employees shall be literate in English to the extent of reading and understanding printed regulations, detailed written orders, training instructions and materials and they shall be able to compose reports which convey complete information.

5. EMERGENCIES

In the event that a suspicious package or an occurrence, such as smoke or gas, has taken place, the guard shall make contact with VA Facility Management, designated representative, Safety Officer, or Logistics Division Chief for further guidance.

The guard shall assist with the orderly evacuation of the building during emergencies in accordance with the VA OCC @ the OCC Occupant Emergency Plans.

6. RESPONDING GUARD PERSONNEL

When directed, the guard will be responsible to determine or verify the cause of an intrusion alarm at any area and to respond immediately. Upon reaching the specific location of the activated alarm, the contracted employee shall notify the VA HAC Logistics Division, Facility Manager, designated representative or Safety officer of the location immediately.

An individual discovered entering or exiting an alarmed area and not listed as authorized to have access shall be detained until necessary information is obtained and identity is validated. If the individual is uncooperative, the guard will contact the VA Facility Manager, designated representative or Safety Officer for assistance. If the intruder threatens physical violence or violence erupts, the guard will call 9-911 and report the incident to the Denver Police Department. At this point, the guard is directed to protect himself/herself, other VA employees and document the actions of the intruder. When the Police Department arrives, the guard is expected to cooperate with law enforcement and provide as much detail as possible. Whenever necessary, the Guard will be responsible to attend court proceedings and offer testimony about incidents that occurred on VA property.

7. GOVERNMENT EQUIPMENT

The contractor is responsible to use and care for government furnished equipment (computer or laptop) provided for the performance of his/her duties.

8. WRITTEN REPORTS

Written reports are an important part of a guard’s duty. Information such as who, what, when, where, how and why of any situation shall be recorded. Details are required and are as important as description of a vehicle or a person. Correct times must be used.

A daily security report shall be sent to the VA Facility Manager. Information deemed necessary shall be sent to the contractor.

Each guard shall initiate and complete a daily log that is given to them and report and record all incidents that may have occurred during each guard shift as required by the VA Facility Manager (etc. 911 calls, unlocked doors, alarm resets, escorting employees/bldg. maintenance and any other emergencies.

All notes, incident reports, records, logs, etc. are the property of the VA OCC. All reports will be generated from VA email account only. All original documentation shall be surrendered to the VA Facility Manager upon request or at termination.

9. EMERGENCY PHONE NUMBERS

The VA Facility Manager will be the primary point of contact for emergency phone numbers for the facility. The guard will also be provided with phone numbers of the Ptarmigan Building maintenance department In the event the contracted employee is provided with an emergency notification list, he/she shall notify the VA Logistics Division of the current situation and inform them that the emergency notification list is being enacted.

10. COMMUNICATIONS

The security guard shall sign in and out at the Logistics reception desk and contact the VA Facility Manager or a designated representative when starting and ending their shift.

Guards shall continually monitor their Nextel phone and respond to calls. Failure to respond to calls may result in termination.

The Nextel phone must be used for official business only. Guards will not use them for unnecessary conversations. If the situation requires lengthy conversation, the guard will use the VA telephone system.

11. FIRE ALARMS

The guard shall follow VA Office of Community Care @ the OCC Occupant Emergency Plans. However, during fire alarms, the guard shall assist with the orderly evacuation of the building. The guard shall remain at the entrance to the facility and report the alarm status to the VA Facility Manager or designated representative.

The security guard shall be posted in a position at the entrance to prevent unauthorized personnel from entering the building during the evacuation and the ensuing activity. This shall be accomplished from outside the building. The guard is required to evacuate as well.

The security guard shall report to the VA Logistics Division and log the fire alarm actions and anything out of the ordinary onto the daily log.

12. INTRUSION DETECTION SYSTEM (IDS)

When an intrusion alarm is received, the guard shall respond in accordance with the VA Hostile Intruder Policy.

He/she shall establish and maintain communication with the VA Facility Manager at 303-331-7689 or his representative at 303-398-5596 during any intrusion detection system alarm activation. The guard will coordinate with the VA Facility Manager to determine the cause and action to be taken whenever an IDS alarm has been activated. In the event of any gunfire or explosion, the guard will call 9-911 and take appropriate action in accordance with VA Office of Community Care @ the OCC Occupant Emergency Action plans.

13. SECURITY

Information System Security

Any security violations or attempted violations shall be reported to the VA project manager and the OCC @ the Information System Security Officer as soon as possible. The contractor shall follow all applicable VA policies and procedures governing information security.

Security Training All contractor employees and subcontractors under this contract or order are required to complete the VA's on-line Security Awareness Training Course and the Privacy Awareness Training Course annually. Contractors must provide signed certifications of completion to the CO during each year of the contract. This requirement is in addition to any other training that may be required of the contractor and subcontractor(s). They will be required to have a VA network account for outlook and internet only.

Contractor Personnel Security

All contractor employees who require access to the Department of Veterans Affairs' computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Security and Investigations Center (07C). The level of background security investigation will be in accordance with VA Directive 0710 dated September 10, 2004 and is available at: https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=832&FType=2 (VA Handbook 0710, Appendix A, Tables 1 - 3). Appropriate Background Investigation (BI) forms will be provided upon contract (or task order) award, and are to be completed and returned to the VA Security and Investigations Center (07C) within 30 days for processing. Contractors will be notified by 07C when the BI has been completed and adjudicated. These requirements are applicable to all subcontractor personnel requiring the same access.

The investigative history for contractor personnel working under this contract must be maintained in the databases of either the Office of Personnel Management (OPM) or the Defense Industrial Security Clearance Organization (DISCO). Should the contractor use a vendor other than OPM or Defense Security Service (DSS) to conduct investigations, the investigative company must be certified by OPM/DSS to conduct contractor investigations.

14. Background Investigation

The position sensitivity impact for this effort has been designated as LIMITED Risk and the level of background investigation is NACI. The copy is attached.

A. Contractor Responsibilities:

1) The contractor shall submit to the VA Facility Manager or COR within ten (10) business days after award a full and complete list of names, Social Security Numbers, and home addresses of contractor personnel. Request should reference: Risk Level (e.g., Low Risk), Station Number Order Number (e.g.,101/C# ), and VA Facility or COR name and phone number (303-398-3530). Use the table below as the template when submitting the personnel roster to the Contracting Officer, who will then forward to the SIC (template is also available from the Contracting Officer in MS Excel format on request). NOTE: Date and Place of Birth (DPOB) are required only when the specific employee is showing a clearance issued by another department or agency – the DPOB is necessary to cross check the databases.

VA Facility Manager or COR:

Telephone:

Station

Order Number:

Risk Level: Low

Contractor Name:

Contractor POC (Name, Telephone #, E-mail): Jane Doe, 123-456-7890, jane.doe@abccorp.com

Contractor Address: 345 Oak St., Anywhere, VA 12345

Date and Place of Birth are required to cross check clearances issued by other departments/agencies.

2) The contractor is responsible for updating the background investigation template as personnel are added to the order. The contractor must submit the updated template to the contracting officer within five business days after the added personnel are approved by the PM and COTR. Background investigation forms and fingerprinting must be completed within five (5) business days of personnel being added to the order.

MBI $1,747 – MODERATE RISK

BI $4,614 – HIGH RISK

4) The contractor shall prescreen all personnel requiring access to the computer systems to ensure they are legally in the United State and have a legal right to work here and are able to read, write, speak, and understand the English language. They must undergo a background investigation appropriate to the access to the data that they will have.

1) Once the contractor forwards the required paperwork to SIC, it will be matched up with the Contracting Officer’s formal request for investigation. SIC will review the package for compliance. If the package is unacceptable, SIC will return it with a cover sheet that explains what is wrong with the package. Minor errors will be corrected over the phone if contact can be made with the subject. SIC can be contacted via the website or at (501) 257-4308.

2) If the package is acceptable, SIC will forward it to OPM. Contractor employees determined to have the appropriate clearance already in place will be deemed acceptable for performance and their names will not be submitted to OPM and charges will not apply.

3) The VA facility will pay for investigations conducted by OPM in advance. In these instances, the contractor will reimburse the VA facility within 30 days.

15. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

1. The preliminary and final deliverables and all associated working papers, application source code, and other material deemed relevant by the VA which have been generated by the contractor in the performance of this task order are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.

2. The CO will be the sole authorized official to release verbally or in writing, any data, the draft deliverables, the final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order presented to the contractor shall be submitted to the CO for response.

3. Press releases, marketing material or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

16. 52.204-9 -- Personal Identity Verification of Contractor Personnel.

Personal Identity Verification of Contractor Personnel (Nov 2006)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, as amended, and Federal Information Processing Standards Publication (FIPS PUB) Number 201, as amended.

B.4 DELIVERY SCHEDULE

CLIN NO

DELIVERY DATE

09-25-2018 – 09-24-2019

09-25-2019 - 09-24-2020

09-25-2020 - 09-24-2021

09-25-2021 - 09-24-2022

09-25-2022 - 09-24-2023

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government 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 exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result 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 agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill 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). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

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

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

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

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or…