Solicitation_Number_47PA0119R0001.pdf

RFP NUMBER: 47PA0119R0001

PROJECT: FINE ART SERVICES

Indefinite Delivery, Indefinite Quantity, (IDIQ)

LOCATION: General Services Administration Office of Acquisition Management (OAM) Acquisition Services Division (PQC) Wing: 2200

Washington, DC 20405

RFP DUE DATE: Monday, August 26, 2019

5:00 P.M. EST

OFFER DUE TO: General Services Administration Acquisition Services Division (PQC)

Wing: 2200

WASHINGTON, DC 20405

CONTACT PERSON: Evangela Brown, Contracting Officer Tyrone Dallas, Contract Specialist

ISSUE DATE: Wednesday, July 24, 2019

NOTE: ANY QUESTIONS REGARDING THIS SOLICITATION MAY BE DIRECTED TO: Tyrone Dallas, Contract Specialist, tyrone.dallas@gsa.gov and Evangela Brown, Contracting Officer, evangela.brown@gsa.gov, Acquisition Services Division (ASD)

This acquisition is a total small business set aside. The General Services Administration cordially invites you to submit your proposals in response to this RFP.

GSA’s hours of operation are 8:00 am to 5:00 pm. Requests for pre-award debriefings postmarked or otherwise submitted after 4:30 p.m.

will be considered submitted the following business day. Requests for post-award debriefings delivered after 4:30 p.m. will be considered received and filed the following business day. This solicitation and any documents related to this procurement will be available on the Internet. All Contractors downloading the solicitation shall notify this office in writing (either by electronic mail or facsimile) in order to be placed on the plan holders’ list. Contractors are responsible for downloading their own copy of the solicitation and amendments, if any.

The WWW address of the Federal Business Opportunities web page is https://www.fbo.gov/. It is the Contractor’s responsibility to monitor this site for the release of the solicitation and amendments, if any. Contractors may register for electronic notification of postings to the site.

General Services Administration Public Buildings Service Acquisition Services Division Washington, DC 20405

REQUEST FOR PROPOSAL (RFP)

mailto:tyrone.dallas@gsa.gov mailto:evangela.brown@gsa.gov https://www.fbo.gov/

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TABLE OF CONTENTS

FINE ARTS SERVICES

IMPORTANT – PLEASE READ CAREFULLY

The Request for Proposals (RFP) is being issued electronically only. The RFP sections below will not be issued in hard copy. The following MS Word documents comprise the RFP and are available for download from https://www.fbo.gov/.

Section A. Solicitation/Contract/Order Standard Form 1449 Section B. Supplies or Services and Prices/Costs Section C. Description/Specification/Work Statement Section D. Packaging and Marking Section E. Inspection and Acceptance Section F. Deliveries and Performance Section G. Contract Administration Data Section H. Special Contract Requirements Section I. Service Contract Clauses Section J. List of Documents, Exhibits and other Attachments Section K. Representations and Certifications (to be completed electronically only) Section L. Instructions, Conditions and Notices to Offerors Section M. Evaluation Factors and Award https://www.fbo.gov/

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PART I

THE SCHEDULE

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SECTION A

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

STANDARD FORM 1449

(Attached separately through an .PDF file)

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SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

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SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BACKGROUND

B.1.1. The Fine Arts Program provides national leadership and expertise in fine art care and policy for GSA’s Fine Arts Collection. The program seeks to manage the Fine Arts Collection at the highest ethical and stewardship standards; to ensure the preservation, legal compliance, accessibility, and understanding of the Fine Arts Collection; and to contribute to creating high quality federal buildings for federal employees and the public they serve.

B.1.2. The Federal Managers Financial Integrity Act of 1982 (31 U.S.C. §3512), as implemented by OMB Circ. No. A - 123, establishes procedures for internal financial and managerial accountability and control. Section 2 (ii) states, “funds, property, and other assets are safeguarded against waste, loss, unauthorized use, or misappropriation.” Internal Controls and Risk Assessments require that GSA’s Fine Arts Collection is properly maintained, accounted for, and accessible to the American people. The Director for Design Excellence and the Arts is responsible for this role for the agency, with Component Managers for the Art in Architecture Program and the Fine Arts Program.

B.2. SUPPLIES OR SERVICES

B.2.1. The Fine Arts Program is requesting services from multiple vendors to provide fine art services.

Multiple vendors are requested in order to ensure availability and expertise for unique situations.

B.2.2. The Government intends to award up to three (3) Indefinite Delivery Indefinite Quantity (IDIQ) contracts, with a one-year base period and four 12-month option periods. Performance of all work will commence upon the issuance of a task order authorized by the Contracting Officer or the Contracting Officer's Designated Ordering Official(s). Only Firm-Fixed Price task orders will be issued under these contracts. These contracts will be set aside for small businesses.

B.2.3. Changes to the terms and conditions of the basic contract shall be made in accordance with the Changes Clause of the General Provisions. Contract changes shall be made by the Contracting Officer on an executed Standard Form 30.

B.2.4 The terms and conditions set forth in the basic contract take precedence over the terms and conditions of the task order, as long as there is no conflict; if a conflict exists, the terms and conditions of the basic contract prevail. If a task order is silent on a term or condition, the terms and conditions of the basic contract prevail.

B.2.5 Each task order will have its own price and performance period which may extend past the expiration date of the current basic contract effective period; however, a completion date must be established at the original execution of each task order.

B.2.6 Outstanding task orders shall be fully performed at the rates/pricing in effect as of the date the task order was awarded, unless lower rates are negotiated. Modifications to the task orders are controlled by the Changes Clause as to work requirements and equitable pricing adjustments.

B.2.7 After the base contract or option period expires; the amount of work included in any outstanding task order shall not be modified to enlarge its scope, unless such modification is necessary to accomplish the tasks under the order.

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B.3. FIXED PRICES

B.3.1. Salary Rates: The fixed salary rates and other prices for the services set forth in the Price Schedule B.6 shall include overhead and general administrative rates and profit. Offerors are required to submit a separate Price Schedule for the Initial one-year contract period and each optional one-year contract period.

All salary rates shall be fixed for the duration of the applicable one-year term.

B.3.2. Materials and Supplies: The contractors are expected to have standard equipment, materials and supplies necessary to perform work at their disposal. Special equipment or materials required in the performance of this contract will be negotiated on a task order basis. All material and supply prices will be researched against current material cost data available from current and past GSA contracts.

B.3.3. Transportation: All transport services used in conjunction with contract are to be done with bonded and insured carriers, whose services include transporting of artifacts, valuable items, or other items deemed as treasures under current security standards. All efforts to insure that the transport of the artwork will be performed by a professional art transport company will be required under this contract. Method as well as carrier must be acceptable to the Government. Proposals should include a description of the art transport services to be used.

B.3.4. Travel Costs: A fixed price for the cost of travel by contractor personnel will be negotiated on a task order basis pursuant to FAR Part 31.205-46 and Federal Travel Regulations in effect at time of travel.

B.4. GUARANTEED MINIMUM

B.4.1. The minimum dollar amount of work the Government guarantees to the Contractor under this contract is $1,000.00 for the base year. (Note: The guaranteed minimum order amount applies to the base year only. Award of the additional option years is not guaranteed nor is there a guaranteed minimum order amount in any given option year that is exercised.)

B.5. MAXIMUM QUANTITIES

B.5.1. The maximum ordering limitation for the Fine Art Services IDIQ contract is $225,529.40 for the base year and each one-year option period, with the total contract amount over five years not to exceed $1,127,647.00.

B.6. FIRM FIXED PRICE SCHEDULE - BASE YEAR PERIOD AND FOUR ONE YEAR

OPTION PERIODS

B.6.1. Offerors are required to provide their hourly rate for the professional and technical classification listed in the above proposal offer sheets and multiply the rate times the estimated hours to obtain the extended rate for each classification.

B.6.1.1 Offerors are advised that the estimated hours specified are offered for information only and are not intended as guarantees or commitments to order services under this contract.

B.6.1.2 Offerors are advised that the hourly rates will be used to establish the fixed hourly rate for the applicable contract period and that the total extended price will be used for evaluation purposes only, and will not constitute the basis for an equitable price adjustment under this contract. Time period to perform services will be negotiated on each task order.

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PRICING – BASE YEAR (12 MONTHS / September 15, 2019 through September 14, 2020)

LIN Labor Category Hourly Labor Rate Estimated Hours Total

0001 Art Handling 720

0002 Art Install/Deinstall

0003 Mount Fabrication 120

0004 Create Construction 120

0005 Art Packing Services 240

0006 Design Services 120

0007 Exhibit Material Fabrication 120

0008 Art Transport and Storage 240

Total Price

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PRICING – OPTION YEAR ONE (12 MONTHS / September 15, 2020 through September 14, 2021)

1001 Art Handling 720

1002 Art Install/Deinstall

1003 Mount Fabrication 120

1004 Create Construction 120

1005 Art Packing Services 240

1006 Design Services 120

1007 Exhibit Material Fabrication

1008 Art Transport and Storage 240

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PRICING – OPTION YEAR TWO (12 MONTHS / September 15, 2021 through September 14, 2022

2001 Art Handling 720

2002 Art Install/Deinstall

2003 Mount Fabrication 120

2004 Create Construction 120

2005 Art Packing Services 240

2006 Design Services 120

2007 Exhibit Material Fabrication

2008 Art Transport and Storage 240

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PRICING – OPTION YEAR THREE (12 MONTHS / September 15, 2022 through September 14, 2023

3001 Art Handling 720

3002 Art Install/Deinstall

3003 Mount Fabrication 120

3004 Create Construction 120

3005 Art Packing Services 240

3006 Design Services 120

3007 Exhibit Material Fabrication

3008 Art Transport and Storage 240

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PRICING – OPTION YEAR FOUR (12 MONTHS/September 15, 2023 through September 14, 2024)

4001 Art Handling 720

4002 Art Install/Deinstall

4003 Mount Fabrication 120

4004 Create Construction 120

4005 Art Packing Services 240

4006 Design Services 120

4007 Exhibit Material Fabrication

4008 Art Transport and Storage 240

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B.7 SUMMARY OF PRICING SCHEDULE AND PRICING SHEETS (BASE YEAR THROUGH OPTION

YEAR FOUR)

Offerors are advised that the estimated year totals below are based on government estimated hours specified which were offered for information only and are not intended as guarantees or commitments to order services under the contract. Also that the total extended prices will be used for evaluation purposes only and will not constitute the basis for any price adjustment under this contract above or below the Indefinite Quantity Ceiling.

B.7.1 Total Price for Base Year [Refer to Section B, Base Year]

B.7.2 Total Price for Option Year 1 [Refer to Section B, Option Year One]

B.7.3 Total Price for Option Year 2 [Refer to Section B, Option Year Two]

B.7.4 Total Price for Option Year 3 [Refer to Section B, Option Year Three]

B.7.5 Total Price for Option Year 4 [Refer to Section B, Option Year Four]

B.7.6 TOTAL CUMULATIVE EVALUATED PRICE $____________________________

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SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

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SECTION C: DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1. CONTRACT EFFECTIVE PERIOD

C.1.1. The Government intends to award up to three Indefinite Delivery, Indefinite Quantity (IDIQ) contracts for Fine Art Services, which are more fully described in Part 1 – Section B, Supplies or Services and Price/Costs. The contract will remain in effect for a Base Year Period, not to exceed twelve months, from the Notice to Proceed (NTP); and Four One Year Option Periods, for a potential total of five (5) years. The Option Years may be exercised by the Government by the issuance of a unilateral contract modification

(SF30).

C.1.2. The timeframe for the Fine Art Services is described in Part 1 – Section C of this contract or as specified in each task order.

C.2. SCOPE OF SERVICES

C.2.1. The Fine Arts Program is requesting services from multiple vendors to provide fine art services.

Multiple vendors are requested in order to ensure availability and expertise for unique situations.

C.2.2. The contractor(s) shall furnish the necessary materials, labor, supplies and management to provide industry standard fine arts services. The project will require the contractor(s) to respond to a variety of fine arts requests within a limited time frame and provide project coordination and expert art handling. The required services may include, but will not be limited to the following:

C.2.3. Provide art handling services such as relocation and rehousing of objects within art storage using museum-trained professional staff familiar with the most up-top-date and conservationally sound methods of object handling.

C.2.4. Provide art transport and storage services for the Washington DC metropolitan area as well as the continental United States using dual-driver, climate-controlled, air-ride, lift gate equipped vehicles when necessary and climate control secure storage.

C.2.5. Provide art installation and deinstallation informed by technical skills in design, engineering, rigging, lighting, construction and preservation as well as knowledge of proper techniques for handling different types of fine arts materials and artifacts in order to maintain the safety and security of the objects during handling.

C.2.6 Provide museum quality exhibition preparation service such as designing, fabricating and installing custom built mounts that disappear, displaying the object safely, securely and aesthetically.

C.2.7. Provide museum quality custom designed crates that guarantee the highest level of protection for fine arts objects, using the most appropriate materials available and addressing the safety of the object

C.2.8. Provide packing services using existing or newly provided materials that ensure protection of fragile fine arts objects during transit. May include arranging for local transportation.

C.3. CONTRACT COMPLETION

Time frames for contract completion will be outlined in each individual task order.

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SECTION D

PACKAGING AND MARKING

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SECTION D - PACKAGING AND MARKING

D.1. PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information, including forms, reports, etc., to GSA shall be paid by the Contractor.

D.2. MARKING

All information submitted to GSA shall clearly indicate the GSA asset name, address, identification number(s), contract number, task order number, and location of the artwork for which the information is being submitted.

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SECTION E

INSPECTION AND ACCEPTANCE

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SECTION E - INSPECTION AND ACCEPTANCE

E.1. THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT

ADMINISTRATION

E.1.1 Contracting Officer (CO): The Contracting Officer has the overall responsibility for administration of this contract. The Contracting Officer is the only individual authorized to take actions on behalf of the Government to amend, modify or deviate from the basic contract terms, conditions, requirements, specifications, details, and/or schedules; process assignment of claims (assignment of contract payments to a financial organization; make final decisions on disputed deductions from contract payments for nonperformance or unsatisfactory performance; process Novation agreements; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute.

The Contracting Officer is as follows:

Evangela Brown Contracting Officer General Services Administration Public Buildings Service

Office of Acquisition Management Acquisition Services Division (PQC) 1800 F Street, NW, Room 2200 Washington, DC 20405 evangela.brown@gsa.gov

E.1.2. Contracting Officer’s Representative (COR):

Mary Margaret Carr Management Specialist General Services Administration Public Buildings Service

Art in Architecture & Fine Arts Division (PCAC) 1800 F Street, NW Washington, DC 20405

The official named above is designated as the Contracting Officer’s Representative to assist the Contracting Officer in the discharge of their responsibilities. The responsibilities of the Contracting Officer’s Representative include, but are not limited to: determining the adequacy of performance by the contractor in accordance with the terms and conditions of this contract; ensuring compliance with contract requirements insofar as the work is concerned; advising the Contracting Officer of proposed deductions for nonperformance or unsatisfactory performance; and advising the Contracting Officer of any factors which may cause delay in performance of the work.

E.1.3. Ordering Official. An Ordering Official is an official designated by the Contracting Officer to place individual orders under this contract. The ordering official for this contract is limited to the Contracting Officer listed above.

E.2. FAR 52.246-4 INSPECTION OF SERVICES – FIXED-PRICE (AUG 1996)

(a) Definitions. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services

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(b) The contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all time and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, without additional charge, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

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SECTION F

DELIVERIES AND PERFORMANCE

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SECTION F - DELIVERIES AND PERFORMANCE

F.1. PLACE OF PERFORMANCE

The fine art services to be provided under this contract shall be performed nation-wide as identified in the contract. The services may be performed at any location, building, facility or site directed by the Government which is located within the United States and its territories.

F.2. TIME OF DELIVERY

Upon official authorized notification, the Contractor may commence performance and shall be contractually obligated to provide complete services in accordance with the locations, dates, and times specified in the task order. Failure to provide the services within the time prescribed herein may result in termination of the contract for default. Official notification will be made in writing by issuance of a task order. If the Contractor cannot meet an accelerated delivery schedule, the Government may obtain the services from another source.

F.3. SITE VISIT

Site visits to review the artwork will be arranged with the appropriate facilities managers and/or Fine Arts Officers at the time of issuance of task orders. The Government reserves the right to visit the Contractor's facilities during any work (packing, crating, storage).

F.4. PROCEDURE FOR ORDERING SERVICES

F.4.1. Services shall be provided only as authorized by the Contracting Officer or designated Ordering Official(s).

F.4.2. Authorization for services will be written by task order or modification signed by the Contracting Officer or designated Ordering Official. Unless otherwise authorized, task orders will be issued on a GSA Form 300, Order for Supplies or Services, and specify on the order the following information:

a. Date of order.

b. Contract number and Order number.

c. Item number and work description.

d. Quantity of days and unit price.

e. Delivery or performance date.

f. Place of delivery or performance.

g. Packaging, packing and shipping instructions

h. Accounting and appropriation data

i. Method of payment and payment office

j. GSA asset identification number(s)

k. Any other pertinent information.

F.4.3. All task orders must be properly executed and signed by the Contracting Officer prior to commencement of the work being provided.

F.5. WORK BY OTHERS: The Government reserves the right to undertake by another

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contract, by Government employees, or by other means, the same type or similar work as contracted for herein and to do so shall not be a violation of the terms of this contract, nor be considered as a termination in whole or in part of work contracted for hereunder.

F.6. FAR 52.211-11 LIQUIDATED DAMAGES - SUPPLIES, SERVICES, OR RESEARCH AND

DEVELOPMENT (SEPT 2000).

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract or a task order, the Contractor shall, in place of actual damages, pay to the Government liquidated damages per calendar day of delay in an amount to be determined at the time an order is placed (typically $50.00 to $200.00 depending upon the size of the order).

(b) If the Government terminates this contract in whole or in part under the Default - Fixed-Price Supply and Services clause, the Contractor is liable for liquidated damages accruing until the time the Government may reasonably obtain delivery or performance of similar supplies or services. The liquidated damages shall be in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default - Fixed-Price Supply and Services clause in this contract.

F.7 . Term of Contract.

After award, the successful Contractor will be given a written notice to proceed, and shall provide contractual services for a twelve-month period. This service requirement is subject to the availability of funds, in accordance with (52.232-19 Availability of Funds for the Next Fiscal Year, Part II, Section I), commencing on the date specified in the notice to proceed. Work under this contract is expected to commence September 15, 2019. If possible, the notice to proceed will provide for at least 30 working days preparation time before commencement of work.

F.8. Option to Extend the Term of the Contract.

The Government shall have the unilateral option of extending the term of this contract for:

A. FOUR (4) consecutive additional periods of 12 months each (see clause FAR 52.217-9, OPTION TO EXTEND THE TERM OF THE CONTRACT, Part II, Section I). The same terms and conditions contained in this contract shall apply to each option exercised. Options shall be exercised upon written notification (mailed or otherwise furnished) to the Contractor within sixty (60) calendar days prior to the expiration of the contract.

The exercise of options is a Government prerogative, not a contractual right on the part of the Contractor.

If the Government exercises an option(s) within the prescribed time frames, the Contractor shall be bound to perform the services for the option period(s) or be subject to the default provisions of the contract.

B. One (1) six-month extension (see clause FAR 52.217-8, OPTION TO EXTEND SERVICES, Part II, Section I). The same terms and conditions contained in this contract shall apply to the six-month period. This option shall be used to insure continuous service in the event of a delay in award of a subsequent contract or for other administrative reasons. Such notice of intent to extend service shall be given the Contractor in writing at the earliest possible time, but within 60 days prior to the contract expiration date. The option shall be exercised upon written notification (mailed or otherwise delivered) to the Contractor within 60 calendar days prior to the expiration of the contract. The Government shall reserve the right to exercise “no cost” termination of the service upon 15 days written notice to the Contractor at any time during the six-month extension period. The exercise of options is a Government

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prerogative, not a contractual right on the part of the Contractor. If the Government exercises the option(s) within the prescribed time frames, the Contractor shall be bound to perform the services for the option periods or be subject to the default provisions of this contract.

F.9. Stop Work Order (Aug 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

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SECTION G

CONTRACT ADMINISTRATION DATA

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SECTION G - CONTRACT ADMINISTRATION DATA

G.1. PAYMENT - GENERAL

G.1.1. The remittance address is as follows:

General Services Administration PBS Payments Branch (BCFA) PO Box 17181 Fort Worth, TX 76102-0181

G. 2. SUBMISSION OF INVOICES

G.2.1. The following information or documentation must be submitted with each invoice:

- Adequate description of services provided.

- Total amount to be billed.

- GSA property identification number

- Task Order number

- Contract number

- Pegasys Document Number (PDN)

G.2.2. All invoices shall be submitted electronically to www.finance.gsa.gov, unless otherwise specified in this contract or in individual task orders.

G.3. GSAM 552.232-72 FINAL PAYMENTS UNDER BUILDING SERVICES CONTRACTS (MAR

2012)

Before final payment is made, the Contractor shall complete and furnish the Contracting Officer with GSA Form 1142, Release of Claims, releasing all claims against the Government relating to this contract, other than claims in stated amounts that are specifically excepted by the Contractor from the release. If the Contractor’s claim to amounts payable under the contract has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. 3727, 41 U.S.C. 15), a release may also be required of the assignee.

http://www.finance.gsa.gov/

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SECTION H

SPECIAL CONTRACT REQUIREMENTS

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACT PERFORMANCE

The Offeror agrees that at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of its firm. In addition, the Offeror is required to dedicate all key personnel as named, committed, and accepted in its proposal.

H.2. SECURITY CLEARANCE

The successful offeror must submit a Standard Form 86 and pass a security clearance. Forms are available on http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType+=SF.

H.3. IDENTIFICATION/BUILDING ACCESS

The Contracting Officer’s Representative will give the Contractor the names of contacts for building/property access per task order with the contractor.

H.4. PROHIBITION AGAINST SUBCONTRACTING.

The Contractor shall not subcontract any work required by this contract without the express prior approval of the Contracting Officer or Contracting Officer’s Representative (COR). If the Contracting Officer/COR authorizes the Contractor to subcontract any part of the work required by this contract, a copy of any such subcontract shall be provided to the Contracting Officer/COR. Failure to receive prior approval of the CO or COR may result in termination of a task order or contract.

H.5. SENSITIVE BUT UNCLASSIFIED (SBU) INFORMATION

In accordance with SBU information published in GSA Order PBS 3490.2 on September 2, 2014 and signed by PBS Commissioner Norman Dong.

This clause applies to all recipients of SBU building information, including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers.

1. Marking SBU. Contractor-generated documents that contain building information must be reviewed by GSA to identify any SBU content, before the original or any copies are disseminated to any other parties.

If SBU content is identified, the Contracting Officer (CO) may direct the contractor, as specified elsewhere in this contract, to imprint or affix SBU document markings to the original documents and all copies, before any dissemination.

2. Authorized recipients.

a. Building information designated SBU must be protected with access strictly controlled and limited to those individuals having a legitimate business need to know such information. Those with a need to know may include Federal, State and local government entities, and nongovernment entities engaged in the conduct of business on behalf of or with GSA. Nongovernment entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract. Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov and have a legitimate business need to know such information. If a subcontractor is not registered in the SAM and has a need to possess SBU building information, the subcontractor shall provide to the contractor its DUNS number http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType+=SF http://www.sam.gov/

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or its tax ID number and a copy of its business license. The contractor shall keep this information related to the subcontractor for the duration of the contract and subcontract.

b. All GSA personnel and Contractors must be provided SBU building information when needed for the performance of official Federal, State, and local government functions, such as for code compliance reviews and for the issuance of building permits. Public safety entities such as fire and utility departments may require access to SBU building information on a need to know basis. This clause must not prevent or encumber the dissemination of SBU building information to public safety entities.

3. Dissemination of SBU building information:

a. By electronic transmission. Electronic transmission of SBU information outside of the GSA network must use session encryption (or alternatively, file encryption). Encryption must be via an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard (AES) or Triple Data Encryption Standard (3DES), in accordance with Federal Information Processing Standards Publication (FIPS PUB) 140-2, Security Requirements for Cryptographic Modules per GSA policy.

b. By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include, but are not limited to CDs, DVDs, and USB drives. Nonelectronic forms of SBU building information include paper documents, among other formats.

i. By mail. Contractors must utilize only methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt.

ii. In person. Contractors must provide SBU building information only to authorized recipients with a need to know such information. Further information on authorized recipients is found in Section 2 of this clause.

4. Record keeping. Contractors must maintain a list of all entities to which SBU is disseminated, in accordance with sections 2 and 3 of this clause. This list must include at a minimum: (1) the name of the State, Federal, or local government entity, utility, or firm to which SBU has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the SBU building information, with access strictly controlled and limited to those individuals having a legitimate business need to know such information; (3) contact information for the named individual; and (4) a description of the SBU building information provided. Once “as built” drawings are submitted, the contractor must collect all lists maintained in accordance with this clause, including those maintained by any subcontractors and/or suppliers, and submit them to the CO. For Federal buildings, final payment may be withheld until the lists are received.

5. Safeguarding SBU documents. SBU building information (both electronic and paper formats) must be protected, with access strictly controlled and limited to those individuals having a legitimate business need to know such information. GSA contractors and subcontractors must not take SBU building information outside of GSA or their own facilities or network, except as necessary for the performance of that contract. Access to the information must be limited to those with a legitimate business need to know.

6. Destroying SBU building information. When no longer needed, SBU building information must be destroyed so that marked information is rendered unreadable and incapable of being restored, in accordance with guidelines provided for media sanitization within GSA CIO IT Security 06-32, Media Sanitization Guide and Appendix A of NIST Special Publication 800-88, Guidelines for Media Sanitization.

Alternatively, SBU building information may be returned to the CO.

7. Notice of disposal. The contractor must notify the CO that all SBU building information has been returned or destroyed by the contractor and its subcontractors or suppliers in accordance with paragraphs 4 and 6 of this clause, with the exception of the contractor's record copy. This notice must be submitted to

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the CO at the completion of the contract to receive final payment. For leases, this notice must be submitted to the CO at the completion of the lease term. The contractor may return the SBU documents to the CO rather than destroying them.

8. Incidents. All improper disclosures of SBU building information must be immediately reported to the CO at (See Section E.1.1). If the contract provides for progress payments, the CO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of SBU building information. Progress payments may also be withheld for failure to comply with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.

9. Subcontracts. The contractor and subcontractors must insert the substance of this clause in all subcontracts.

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PART II

SECTION I

CONTRACT CLAUSES

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SECTION I – CONTRACT CLAUSES

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses

NO. REFERENCE TITLE APPLICABILITY

1. 52.202-1 Definitions (Nov 2013)

2. 52.203-5 Covenant Against Contingent Fees (May 2014)

3. 52.203-6 Restrictions on Subcontractor Sales to the Government. (Sep 2006)

52.203-6 Alternate I (Oct 1995)

4. 52.203-7 Anti-Kickback Procedures. (May 2014)

5. 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights. (Apr 2014)

6. 52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014)

7. 52.216-24 Limitation of Government Liability. (Apr 1984)

8. 52.216-25 Contract Definitization. (Oct 2010)

a) A _IDIQ_ definitive contract is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include

(1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the letter contract, (2) all clauses required by law on the date of execution of the definitive contract, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a _Fixed-Price_ proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance with FAR 15.408, Table 15-2, supporting its proposal.

(b) The schedule for definitizing this contract is:

_Award Date: 09/15/2019__________________________

_Submission of Proposal: 08/26/19___________________

_Begin of Negotiations: 09/02/19____________________

(c) If agreement on a definitive contract to supersede this letter contract is not reached by the target date in paragraph (b) of this section, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with Subpart 15.4 and Part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause.

In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.

(1) After the Contracting Officer’s determination of price or fee, the contract shall be governed by --

(i) All clauses required by the FAR on the date of execution of this letter contract for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (c);

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses

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(ii) All clauses required by law as of the date of the Contracting Officer’s determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with subparagraph (c)(1) of this section, all clauses, terms, and conditions included in this letter contract shall continue in effect, except those that by their nature apply only to a letter contract.

(End of Clause)

Alternate I (Apr 1984)

(d) The definitive contract resulting from this letter contract will include a negotiated _firm fixed price_ in no event to exceed ___$1,127,647.00__.

9. 52.222-17 Nondisplacement of Qualified Workers. (May 2014)

10. 52.222-50 Combating Trafficking in Persons. (Jan 2019)

11. 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (Aug 2011)

12. 52.225-13 Restrictions on Certain Foreign Purchases. (Jun 2008)

13. 52.232-1 Payments. (Apr 1984)

14. 52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013)

15. 52.233-3 Protest after Award. (Aug 1996)

52.233-3 Alternate I (Dec 1991)

16. 52.233-4 Applicable Law for Breach of Contract Claim. (Oct 2004)

17. 52.244-6 Subcontracts for Commercial Items. (Jan 2019)

18. 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of

2009. (Jun 2010)

19. 52.203-16 Preventing Personal Conflicts of Interest (Dec 2011)

20. 52.204-13 System for Award Management Maintenance. (Oct 2018)

21. 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts. (Oct 2016)

22. 52.204-18 Commercial and Government Entity Code Maintenance. (Jul 2016)

23. 52.209-6 -- Protecting the Governments Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015)

24. 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (Nov 2015)

25. 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (Nov 2015)

26. 52.211-11 Liquidated Damages - Supplies, Services, or Research and Development. (Sept 2000)

27. 52.212-4 Contract Terms and Conditions-Commercial Items. (Oct 2018)

28. 52.212-5 Contract Term and Conditions Required to Implement Statutes or Executive Orders –

Commercial Items (May 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

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(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108- 78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

3509).

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

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

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___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

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

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

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

___ (v) Alternate IV (Aug 2018) of 52.219-9.

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

_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

_X_ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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___ (ii) Alternate I (July 2014) of 52.222-35.

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of…