36C78618R0137-001.docx

36C78618R0137

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

36C78618R0137 02-09-2018 Auvorie Benson 02-26-2018 8:00 am 43C1 Department of Veterans Affairs NCA Contracting Service 75 Barrett Heights Rd. Suite 309 Stafford 22556 X X Y 561720 $18 Million X N/A X Indiantown Gap National Cemetery RR #2, Box 484 Indiantown Gap Road Annville PA 17003 43C1 Department of Veterans Affairs NCA Contracting Service 75 Barrett Heights Rd. Suite 309 Stafford VA 22556

43C1 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/ 1-877-752-0900 See CONTINUATION Page Contractor shall furnish all equipment, supplies, material, labor and supervision necessary to provide Janitorial Services at the Indiantown Gap National Cemetery. See continuation page/Statement of Work for details.

This solicitation is a SDVOSB set-aside.

Wage determination can be found on https://www.wdol.gov/ for SCA under Lebanon County, PA See CONTINUATION Page X X Auvorie Benson Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A.)

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

a. CONTRACTOR:

b. GOVERNMENT:

Contracting Officer 36C786 Department of Veterans Affairs NCA Contracting Service 75 Barrett Heights Rd. Suite 309 Stafford, VA 22556

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 Services Center

FMS - 786

P.O. Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 SUPPLIES OR SERVICES AND PRICES/COSTS

PRICE SCHEDULE: Contractor shall furnish all equipment, supplies, material, labor and supervision necessary to provide Janitorial Services at the Indiantown Gap National Cemetery, RR #2 Box 484 Indiantown Gap Road, Annville, PA 17003.

Site Visit: Offerors or quoters are urged and expected to inspect the site(s) where services are to be performed, verify square footage of all areas to be cleaned, and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance. In no event shall failure to inspect the site constitute grounds for a claim after contract award. If you are planning to conduct a site visit / inspection at Indiantown Gap National Cemetery, YOU MUST CONTACT one of the following VA cemetery personnel to make arrangements:

Randy Plummer, Sup Administrative Officer...............................................(717) 865-5254 John Jernigan, Maintenance & Operations Supervisor.............................. (717) 865-9395

Contract Term: The contract term shall be for one (1) Base Year and four (4) one-year renewal options. All work shall be performed in strict accordance with specifications, schedules, terms and conditions of the contract.

BASE YEAR - October 1, 2017 or From Date of Award through September 30, 2018

OPTION YEAR I - October 1, 2018 thru September 30, 2019

OPTION YEAR II - October 1, 2019 thru September 30, 2020

OPTION YEAR III - October 1, 2020 thru September 30, 2021

OPTION YEAR IV - October 1, 2021 thru September 30, 2022

SUMMARY GRAND TOTAL

(End of Price Schedule)

B.4 STATEMENT OF WORK

A.1 NCA MISSION

The National Cemetery Administration honors veterans with a final resting place and lasting memorials that commemorate their service to our Nation. National cemeteries are national shrines. The standards of maintenance, appearance and operational procedures performed by the Contractor at this cemetery shall reflect this nation's concern for those interned there. For this reason, the Contractor's strict adherence to the specifications shall be required and shall be essential.

A.2 SCOPE

A.2.1 The Contractor shall furnish all equipment, supplies, materials, labor and supervision necessary to provide complete Janitorial Services at the Indiantown Gap National Cemetery, RR#2 Box 484 Indiantown Gap Road, Annville, PA 17003.

A.2.2 Janitorial Services include cleaning of office space, visitor areas, employee areas & public restrooms areas. Location and approximate size of areas to be cleaned are as follows:

· Honor Guard Building 336 sq.ft.

A.2.3 Contractor Furnished Supplies: The Contractor shall furnish Restroom & Kitchen areas with sufficient supplies to ensure they do not run out. Extra backup supplies will be stored in the Janitor's closet. The Contractor is responsible for furnishing the following supply items:

· Hand Soap for Restrooms and Kitchen Areas

· Toilet Paper (2 ply) for Restrooms

· Paper Hand Towels (2 ply) tri-fold for Restrooms

· Paper Hand Towels (2 ply) tri-fold for Kitchen Area

· Wastebasket Liners for all Building Waste Receptacles

· Cleaning Solutions

· Germicides & Disinfectants

· Automatic Air Sanitizers

A.2.4 PERFORMANCE & WORK HOURS: Janitorial Services shall be provided in accordance with the following schedules:

(a) Administration Building: Janitorial services shall be performed and completed Monday through Friday (excluding Federal Holidays), between the hours of 4:30 p.m. and 6:00 a.m.

(b) Maintenance Building: janitorial services shall be performed and completed Monday through Friday (excluding Federal Holidays), between the hours of 4:30 p.m. and 6:00 a.m

(c) Public Restrooms: Janitorial services shall be performed daily (7 days per week - Saturday thru Sunday including Federal Holidays) between 4:30pm and 6:00am.

(d) Contractor will be required to work Memorial Day weekend (Saturday, Sunday, and Monday) and the Sunday prior to Veteran’s Day when our annual programs are held at the cemetery.

(e) Honor Guard building: Janitorial services shall be performed and completed Monday through Friday (excluding Federal Holidays), between the hours of 4:30 p.m. and 6:00 a.m.

A.3 CONTRACT MANAGEMENT

A.3.1 Contracting Officer: Administration of this contract will be by the NCA Centralized Contracting Division (41D3A), 75 Barrett Heights Road, Suite 309, Stafford VA 22556..

A.3.2 COTR: The VA Contracting Officer will delegate one or more representatives to serve as the Contracting Officer’s Technical Representative (COTR). The COTR is responsible for providing contract oversight and technical guidance to Contractor, placing orders for services, certification of invoices, and overseeing technical aspects of the contract. The COTR is not authorized to add, modify, delete, or otherwise change any of the costs, specifications, provisions, requirements, terms or conditions of the contract and delivery orders issued under the contract. All administrative functions remain with the VA Contracting Officer.

A.3.3 Site Manager: The Contractor shall provide a “Site Manager” for directing, overseeing and coordinating the work involved. Communication by the Site Manager with the COTR (or designee) is strongly encouraged. The Contractor shall furnish a copy of the contract specifications to the Site Manager and each employee performing work under the contract to ensure they are completely familiar with the requirements. Any damage to cemetery property, structures or grounds caused by the Contractor and/or its personnel shall be repaired or replaced at the Contractor’s expense, as directed by the COTR.

A.4 CLEANING REQUIREMENTS

A.4.1 ADMINISTRATION BUILDING

(a) Floors

(i) Sweep and wet mop all tile floor areas (moving tables, chairs, waste containers cans, etc.) and remove stains as needed.

(ii) Vacuum all carpet and rug areas to ensure that each is clean of debris, moving light furniture and floor items as needed.

(iii) At the discretion of the COTR, strip and seal (wax and buff) all tile and other vinyl floor areas (moving tables, chairs, waste containers, etc.) and remove stains as needed. This service shall be performed at least QUARTERLY.

(b) Doors / Walls / Partitions

(i) Clean (with glass cleaner) inside and outside entrance and lobby glass doors.

(ii) Clean (with glass cleaner) interior windows and glass surfaces of doors

(iii) Dust and spot clean all doors, door frames and walls ensuring all interior corners are free of dust and cobwebs.

(iv) Dust and clean all window ledges and windowsills free of debris.

(v) Dust all baseboards.

A.4.2 ADMINISTRATION BUILDING & MAINTENANCE BUILDING

(a) General

(i) Empty, clean, and line all waste cans.

(ii) Empty and damp wipe ashtrays at the outside entrances. The receptacles should be free of the litter associated with cigarette smoking as well as gum, paper wrappers, etc.

(iii) Damp wipe all vending machines. Clean (with glass cleaner) all glass surfaces.

(iv) Clean and damp wipe all chairs, wall pictures and wall clock's.

(v) Clean and polish the light switches, door handles and push plates throughout the facility.

(vi) Clean (vacuum or dust) vents, louvers, fans, and mini-blinds. A treated cloth should be used when necessary.

(vii) Vacuum all upholstered furniture.

(viii) Dust and polish all employee areas to include wood surfaces, such as counter tops and desks (not moving papers, items, etc. and being extremely careful around computer equipment), telephones, chairs, tables, etc.

(ix) Dust the building's common areas.

(x) Clean, organize and maintain the janitor's closet.

(b) Prior to departing each evening/night, the contractor shall ensure that all blinds are closed, all lights in the building are turned-off, all doors are locked and the alarm is set with the code provided by the COTR. In the event the security system cannot be activated, the Cemetery Director or Designee shall be notified immediately by telephone.

A.4.3 ADMINISTRATION BUILDING, MAINTENANCE COMPLEX & PUBLIC RESTROOMS

(a) Restrooms

(i) Sweep the entrance area. This area should be free of all waste and debris.

(ii) Clean restrooms to include: walls, partitions, floors, sinks and toilets/urinals with germicide disinfectant.

(iii) Clean and polish all glass; mirrored, and stainless steel areas with appropriate cleansers.

(iv) Furnish and fill soap dispenser, toilet paper, automatic air sanitizers and paper towel holders.

(v) Clean, polish and sanitize the drinking fountain.

(vi) Empty, clean, sanitize, and line all waste cans.

(vii) Pour all mop and/or cleaning water down the designated floor drains. The sink shall not be used as a drain.

(viii) Clean and seal the floor drains.

A.4.4 HONOR GUARD BUILDING

(a) General

(i) Empty, clean, and line all waste cans.

(ii) Empty and damp wipe ashtrays at the outside entrances. The receptacles should be free of the litter associated with cigarette smoking as well as gum, paper wrappers, etc.

(iii) Damp wipe all vending machines. Clean (with glass cleaner) all glass surfaces

(iv) Clean and damp wipe all chairs, wall pictures and wall clocks.

(v) Clean and polish the light switches, door handles and push plates throughout the facility.

(vi) Clean (vacuum or dust) vents, louvers, fans, and mini-blinds. A treated cloth should be used when necessary.

(vii) Dust the building's common areas to include tables and counter tops.

(viii) Clean, organize and maintain the closet.

(b) Prior to departing each evening/night, the contractor shall ensure that all blinds are closed, all lights in the building are turned-off, and all doors are locked. In the event the doors cannot be locked the Cemetery Director or Designee shall be notified immediately by telephone.

A.4.5 HONOR GUARD BUILDING RESTROOMS

(a) Restrooms

(i) Sweep the entrance area. This area should be free of all waste and debris.

(ii) Clean restrooms to include: walls, partitions, floors, sinks and toilets/urinals with germicide disinfectant.

(iii) Clean and polish all glass; mirrored, and stainless steel areas with appropriate cleansers.

(iv) Furnish and fill soap dispenser, toilet paper, automatic air sanitizers and paper towel holders.

(v) Clean, polish and sanitize the drinking fountain.

(vi) Empty, clean, sanitize, and line all waste cans.

(vii) Pour all mop and/or cleaning water down the designated floor drains. The sink shall not be used as a drain.

(viii) Clean and seal the floor drains.

A.4.6 FREQUENCY / SCHEDULE OF SERVICES

(a) Daily Cleaning Services: The following services shall be performed daily (Monday through Friday):

(i) Sweep and wet mop all ceramic/vinyl floor areas (moving tables, chairs, water cooler, trash cans, etc.) and remove stains as needed.

(ii) Vacuum all carpeted areas to ensure that each area is vacuumed daily, moving furniture and floor items as needed.

(iii) All trash containers shall be emptied and returned to their initial location. Boxes, cans, papers, and other items placed near a trash receptacle and marked "TRASH" shall be removed. Any obviously soiled or torn plastic trash receptacle liners shall be replaced. The trash shall be deposited in the nearest outside trash collection container. Trash receptacles shall be left clean, free of foreign matter, and free of odors.

(iv) Sweep building's lead walk outside the front entrance. Vacuum the vestibule.

(v) Clean (with glass cleaner) inside and outside entrance and lobby glass doors.

(vi) Clean restrooms to include: walls, partitions, floors, sinks and toilets/urinals with germicide disinfectant. Pour water down the floor drains. Clean all mirrors with glass cleaner. Clean all metal surfaces with the appropriate cleaner. Furnish and fill soap dispenser, toilet paper and paper towels.

(vii) Clean all kitchen tabletops, chairs, counter tops and sink, microwave and refrigerator and water coolers.

(viii) Prior to departing each evening/night, the contractor shall ensure that all window blinds are closed, all lights in the building are turned-off, all outside entrance and exit doors are locked and the security systems properly activated. In the event the security system cannot be activated, the Cemetery Director or Designee shall be notified immediately by telephone.

(b) Weekly Cleaning Services: The following services shall be performed Weekly (once per week);

(i) Dust all employee areas to include desks chairs, tables, etc. Special care will be taken to not move or disturb papers, items, etc. and extreme care will be taken when cleaning around computer equipment.

(ii) Dust the building's common areas.

(iii) Clean and dust all window blinds and window sills with treated dust cloth.

(iv) Check all interior corners of the walls and ceiling and cleaning out cobwebs.

(c) Monthly Cleaning Services: Clean Interior / Exterior Lobby Doors. Clean & Polish with glass cleaner once per month.

(d) Quarterly Cleaning Services: The following services shall be performed on a Quarterly basis:

(i) Lubricate all doors and door locks. Lubrication shall be performed during January, April, July, and October of the year.

(ii) Clean all windows, interior and exterior sides, with glass cleaner.

(iii) Clean all florescent lighting lens covers, inside and out, throughout the building.

(e) Annual Cleaning Services:

(f) The following services shall be performed as needed;

(i) Inspect vents to outside and remove any blockages or obstructions, e.g., birds nests, cobwebs. etc.

(ii) Unclog drains to include kitchen, bathroom & custodial closet sinks, and all toilets including floor drains.

A.5 STANDARDS OF CONDUCT

The Contractor is responsible for the ethical conduct of its employees. These standards and regulations are enforceable under Title 38, U.S.C. Section 218. Contractor personnel shall adhere to the following standards of dress and conduct while performing work at Indiantown Gap National Cemetery:

(a) Contractor shall maintain satisfactory conduct and work performance of its personnel including administering disciplinary action when determined necessary. It will be at the discretion of the COTR to initiate immediate removal of Contractor personnel from cemetery grounds if conduct standards are not adhered to during contract performance.

(b) Contractor shall remove his/her employee from the cemetery for cause to include but not limited to willful misconduct and/or unacceptable performance of the work required under the contract. Misconduct shall form the basis for immediate contract enforcement action, to include immediate removal from the cemetery.

(c) Contractor-furnished personnel, supplies, services, equipment and materials, including personnel provided and necessary for contract performance shall be fully compliant with applicable OSHA, Federal, State, County and local ordinance laws & regulations. The Contractor is responsible for training its personnel regarding safety precautions and procedures prescribed by OSHA Standards.

(d) Contractor personnel appearance and conduct shall be professional and unobtrusive at all times. Questions from cemetery visitors shall be politely referred or directed to cemetery personnel.

(e) Shirts, T-shirts, long pants, neat jeans or walking shorts are permissible. Contractor personnel shall be fully clothed at all times, to include an upper garment to cover the body from waist to neck. Tank tops as an outer garment are prohibited, as well as any garments which display a message or slogan affixed thereon.

(f) It is expected that personnel will conduct themselves in a respectful manner, not engaging in loud boisterous behavior or use profane or abusive or otherwise inappropriate language. Radios and/or video or otherwise electronic games / devices are not permitted while performing work on the grounds of the cemetery.

(g) Consume food and beverages only within areas designated by the COTR(s). Use of intoxicating beverages and/or drugs is strictly prohibited. Contractor personnel shall not eat or drink beverages except water or non-alcoholic beverages while in the work area. The use of intoxicating beverages and/or drugs on cemetery premises is strictly prohibited and a violation of Federal Law, and will not be tolerated.

(h) Contractor personnel shall take all necessary precautions to prevent damage to cemetery property, structures and grounds during performance of this contract. The Contractor shall be liable for replacement costs for property damaged as a result of actions by Contractor personnel. There is no limitation on the Contractor’s liability. In no event shall the Government indemnify and hold harmless the Contractor from any or all damages and expenses of any kind for harm incurred by the Contractor, or from any and all damages, expenses, or claims, which may arise from third party claims.

(i) Reporting "on-the-job" Injuries: The Contractor is required to report all "on-the-job" injuries incurred by the Contractor, its agents or employees, resulting from performance of this contract. Contractor will notify the COTR (either orally or via telephone) within twenty-four (24) hours of the injury and provide details and exact location of the incident. This will be followed up by a written notice to the COTR. Any Contractor (including its agents and employees) that knowingly files a false claim may be criminally prosecuted.

A.6 USE OF CEMETERY FACILITIES

(a) The Government shall not be responsible for any loss, damage, or theft of Contractor items, nor shall free telephone service be provided. Contractor shall be responsible for acceptable standards of housekeeping and custodial maintenance of cemetery facilities used by Contractor's employees.

(b) Parking is not a condition or term of this contract. However, when local conditions are such that parking is permitted, Contractor employees may park privately owned vehicles in the area designated for parking by the COTR.

(c) The Contractor will be responsible for safely handling any chemicals, cleaning solutions, etc. in accordance with manufacturers recommendations. An MSDS (Material Safety Data Sheet) is required for all chemicals and cleaning solutions used in performance of this contract

(d) Electricity and water will be furnished by the Government.

A.7 SAFETY & SECURITY

(a) The Contractor shall, at all times, exercise care and caution in performing the duties describes in the statement of work so as not cause injury to themselves or others persons.

(b) The Contractor shall perform the assigned task and duties in a safe manner in accordance with VA, NCS, and OSHA regulations and policies.

(c) The Contractor shall indemnify to protect itself, and render the United States Government, its employees, agents, and representatives, harmless from any liability resulting from personal injury arising out of performance of the work contained herein.

(d) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(e) The contractor and all contractor personnel must take the "Security Awareness Training" course prior to gaining access to any of the buildings at the Indiantown Gap National Cemetery. This course may be obtained from the COTR and may be taken off the premise. Upon completion of the course, the COTR will provide a signed certificate to indicate that the individual has taken and passed the required course. A copy of the certificate shall be maintained by the COTR. The Security Awareness course is normally taken annually in January / February.

A.8 FEDERAL HOLIDAYS

All work required under this contract will be performed as provided in the Schedule and Statement of Work. The following is a list of all Federal holidays:

[End of Work Statement] B.5 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

36C78618R0137 (End of Clause) Page 1 of Page 1 of

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 agreement.