Revised RFP - FAA Parking Garage Management Services.pdf

Solicitation # 693JK421R900001 FAA Parking Garage Management Service

**PLEASE READ THIS NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE

THAT WILL BE ISSUED**

This is a Revised COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice (see the changes in red). This announcement constitutes the only solicitation; proposal is being requested and a written solicitation will not be issued. Interested parties are responsible for monitoring this site to ensure they have the most current information in reference to this acquisition.

The U.S. Department of Transportation (DOT) Office of Senior Procurement Executive (OSPE) is issuing this solicitation, number 693JK421R900001, as a Request for Proposal (RFP).

This requirement will be awarded as a commercial item under the procedures outlined in FAR Part 12. The North American Industrial Classification System (NAICS) code for this procurement is 812930, “Parking Lots and Garages", with a small business size standard of 38.5 Million. The Product Service Code for this procurement is M1LZ, “Operation of Parking Facilities." This combined synopsis/solicitation RFP is 100% small business Set-Aside.

1. CONTRACT PRICING

This is a Firm Fixed Price Contract in the amount of ______________________.

(Table with negotiated per year prices will be inserted upon award)

OST PARKING

LOT/GARAGE

BASE YEAR

TBD – 09/30/2020

CLIN LABOR CATAGORIES UNIT RATE HOURS

EXTENDED PRICE

00001 Parking Lot Attendants 3 $ 1,920

00002 Additional Attendants (overtime)

Not To Exceed

(NTE) $ 50

Total Price $0.00

Option Period 1 10/01/2020 - 09/30/2021

10001 Parking Lot Attendants 3 $ 1,920

10002

(Overtime)

Not To

Option Period 2 10/01/2021 - 09/30/2022

20001 Parking Lot Attendants 3 $ 1,920

20002

(Overtime)

Not To

Option Period 3 10/01/2022 - 09/30/2023

30001 Parking Lot Attendants 3 $ 1,920

30002

(Overtime)

Not To

Option Period 4 10/01/2023 - 09/30/2024

40001 Parking Lot Attendants 3 $ 1,920

40002

(Overtime)

Not To

For Period of Performance CONTRACT TOTAL (without Overtime)

Base Year

Option Period 1 $

Option Period 4 $

For Period of Performance CONTRACT TOTAL (with Overtime)

Base Year

Option Period 1 $

Option Period 4 $

Note: Offerors shall provide pricing per the above tables. One table should cover Overtime

(OT) price and the other table should be without Overtime (OT) price. The overtime Price and

Hours are subject to COR approval and will be reimbursed when needed.

2. SUPPLIES OR SERVICES TO BE PROVIDED

The Office of Transportation Services (TRANServe), within the Office of the Assistant Secretary for Administration, U.S. Department of Transportation (DOT), provides parking services associated with the TRANServe Office and the Parking and Transit Office located in the DOT FAA Building (“Garage”). The DOT FAA complex (herein referred to as the “Facility”) is located at 800 Independence Avenue SW, Washington, DC 20591.

2.1 DESCRIPTION AND LOCATION

PARKING AND TRANSPORTATION.

1. The Contractor shall provide a minimum of 600 parking spaces achieved through stacking/tandem parking for full size and compact vehicles. The total number of spaces include 20 for Government vehicles, 18 Motorcycle and 11 Handicapped spaces. Contractor and FAA acknowledge that it is only possible to provide this number of spaces within the garage if all FAA personnel abide by the rules and regulations and ensure that all tandem spaces be utilized fully. This requires that all FAA personnel parking in tandem spaces pull completely forward and utilize the interior space. To this end, both FAA and Contractor will take all steps necessary to communicate with FAA employees to ensure that all personnel parking within the Garage understand the requirement to pull forward completely. See “Attachment 6, FAA Parking Garage Layout Diagram” for the three level spaces.

2. Vehicles may use parking spaces if they display a FAA Parking Permit. The Contractor will admit to the Garage vehicles without a FAA Parking Permit only if the vehicles have Government tags and a decal indicating that it can park in one of the Government spaces. In the event of FAA’s need to accommodate vehicles that would not normally be parked in the garage, due to an emergency situation that may require surge personnel to report to duty, the Contractor will work with FAA Facilities Management to provide parking for such employees or contractors regardless of whether the vehicles are officially tagged and regardless of location in the garage to the extent there is space reasonably available in the Garage.

3. The Contractor shall provide the necessary labor, supervision, materials, supplies and equipment to provide parking operations services, including, but not limited to monitoring parking areas and garage maintenance. The Contractor shall provide all maintenance associated with the garage on both levels in the facility.

Notwithstanding the above, the maintenance provided by Contractor shall not pertain to the security bollards and retractable arms located outside the Garage.

These items are to be maintained by Facilities Management and are not within scope of this agreement.

4. The Contractor's staff shall be fully trained and shall also interact with parking patrons in a professional and courteous manner consistent with generally accepted commercial standards of performance.

5. Cars shalll be parked by experienced parking attendants or permit holders.

Contractor shall provide stacked/tandem parking in efficient and effective manner without damage, by best efforts, to any vehicle in accordance with commercial practices and parking will be accomplished for optimal use of available space in conjunction with FAA parking management staff. Parking Attendants shall be required to direct and accomplish the movement of FAA employee vehicles and FAA contractor’s private vehicles from the garage entry point to stacked/tandem parking positions.

6. The Contractor shall provide coverage for the Garage from the hours of 7:30 a.m. to 5:00 p.m., Monday through Friday, excluding legal Federal holidays (“Business Hours”). The contractor shall have an attendant available at the bottom of the entry ramp during Business Hours. The peak hours (“Peak Hours”) are from 7:30 a.m. to 9:00 a.m. and 3:00 p.m. to 4:30 p.m. In the event that FAA requires additional hours of coverage, the costs of said coverage shall be borne by FAA only if approved by DOT Contracting Officer and, if not approved, Contractor shall not be obligated to provide such additional coverage. The Contractor shall ensure that any vehicle remaining in the garage after Business Hours is parked in a position so as to be blocked or to prevent employees from exiting the garage without assistance.

7. All Government offices will be closed, except for minimum essential personnel required for in-house operations, during Federal holidays. Except as otherwise specified, the Contractor shall not schedule routine work on Federal holidays. When such holidays fall on a Saturday, the preceding Friday will be considered a holiday.

See Section 2.8 for list of Holidays.

8. The Contactor shall, at its expense, arrange for communication devices to be used by all three parking Contractor employees for internal and external calls to the facility.

9. Contractor shall provide options for improved verification of payment or service.

For example, ticket pull device or other technology that would better serve DOT HQ.

2.2. PERSONNEL REQUIREMENT

It is the policy of the DOT to maintain a drug-free workplace. The Contractor shall require all three employees working on this contract to submit to drug screening tests no later than sixteen (16) working hours prior to reporting for initial employment and conduct random drug testing of its employees. All three Contractor employees shall provide to the DOT Office of Security a completed Standard Form 85P, Questionnaire for Public Trust Positions, electronically as directed by the Office of Security; prior to the employee's start date.

Contractor employees shall report to the DOT Office of Security to be fingerprinted. The Office of Security will review all information submitted, perform a preliminary security check, and issue a DOT badge (to be displayed at all times) to each employee after favorable evaluation of the results of the fingerprint check and a review of all information submitted. A completed background investigation and a favorable suitability determination by the Office of Security is a requirement of employment.

The Contractor shall be responsible for management of the DOT headquarters parking facility and shall provide a Project Manager (PM) and alternate PM to be located on-site at the Headquarters facility. The PM shall conduct overall management coordination and shall be the central point of contact to DOT for performance of all work under the contract. The alternate PM shall be designated to act for the PM when work is being performed during the PM's absence. Historically the garage attendant supervisor is the Project Manager (PM) who also functions as an attendant. Contractors are responsible for picking up trash, paper, etc. FAA (DOT) is responsible for emptying trash receptacles and doing major maintenance on site such as re-striping and painting of the garage, snow removal, power washing and garage sweeping.

The Contractor shall be responsible for conducting and providing ad-hoc reports on parking patrons or permit holders such as damage reports or parking status reports as requested by the COR, with thirty (30) days advance notice. Such reports shall be provided at no additional cost to DOT.

2.2.1. PARKING ATTENDANTS

The Contractor shall:

a. Monitor parking attendants throughout the shift. Attendants should be trained to identify violators and site violators as needed and have requirements for frequency of garage surveillance activities per shift.

b. Provide service for stacked/tandem parking in the Garage.

c. Provide no less than 5,760 attendant labor hours per year, which includes a PM, over the contract period of performance. The Contractor can propose more than three (3) attendants under Section 1, Contract Pricing however the total hours should not exceed 5,750 hours per contract year. The Contractor must ensure there are enough parking attendants during peak hours as defined as weekdays from 9 a.m. to 5 p.m. Contractor shall provide the government a monthly staffing schedule that shows attendant hour distribution. Peak hours may be variable based on season or garage capacity.

d. Issue warning notices when violations of garage rules occur and provide copies to Government management for follow-up.

e. The Contractor shall provide reports on a monthly basis. Such reports may include number of keys, number of keys picked up, to include patrons or permit holders or information specified by the COR, such reports shall be provided at no additional cost to DOT.

f. Issue communication to be placed on vehicles.

The Contractor shall:

a. Provide service for the following parking types in the garage:

1. Stacked Parking: Parking in drive aisle as directed by a parking attendant. The parking attendant has up to 10 min to retrieve the keys for the stacked car.

2. Tandem Parking: One space shared by two vehicles; the first vehicle to arrive shall park toward the wall. The second vehicle parks behind the first vehicle. The parking attendant has up to 10 min to retrieve the keys for the Tandem car.

b. Issues daily permits/prepaid monthly permits and provide receipt copies to

Government management for follow up.

2.2.2 FOREIGN NATIONALS AS CONTRACTOR EMPLOYEES

Each employee of the Contractor shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form I-151, or who presents other evidence from the "U.S.

Citizenship and Immigration Services that employment will not affect his/her immigration status.

• The parking attendants in the Garage must be proficient in speaking English.

• The Contractor personnel shall meet the physical requirements to perform the function(s) and task(s) to which they are assigned.

• All three contractor employees shall be sober, drug-free, conscientious, neat and courteous. The Contractor must, at all times, provide adequate staff to perform the essential duties inherent to a successful parking service operation, during the days/hours of operation specified in paragraph 2.1 above.

• The Contractor's staff shall exhibit excellent personal qualities, such as a neat clean appearance; a well-spoken manner; ability to work as a member of a team; and a pleasant way with customers. Contractor issued uniforms are required to identify parking staff to DOT employees. The PM, or any employee of the Contractor, shall be replaced within 10 workdays following request of the Contracting Officer (CO), at the recommendation of the COR, for operation deficiencies determined to be a result of inferior direct management or employee performance, or when DOT deems the PM or individual employee does not meet performance expectations at any time during the term of this contract. The Contractor may be required to demonstrate to the CO actions in progress to correct the deficiency prior to employee replacement.

• Contractor employees will be accountable and responsible persons possessing a current and valid state issued driver’s license without any restrictions or violations. All parking attendants and supervisors must be able to operate a manual and/or automatic transmission vehicle.

• No later than five (5) days prior to an employee reporting for duty, as an attendant or supervisor, the Contractor will submit a resume for PM and Alternate PM for review subject to final approval by the COR.

2.3. GOVERNMENT FURNISHED EQUIPMENT

• DOT will make available to the Contractor, certain Government Furnished Equipment (GFE) for use in performing work specified in this contract. The Contractor shall not use GFE for any other work unless prior authorization is received from the CO. DOT will also provide the Contractor certain "office-related" equipment. All equipment shall be returned to DOT in the same working order and condition, less normal wear-and-tear, as issued.

• GFE includes the necessary equipment and furnishings DOT deems necessary to perform the tasks shown in this Statement of Work (SOW). DOT will maintain the GFE and will provide access to all equipment manuals for provided equipment. DOT will not provide items that are related to the performance of the stacking and tandem parking such as storage devices for keys or housing within the Garage for the parking attendants.

• Any anticipated use of Government furnished telecommunications and/ or information systems and or access to Government telecommunications rooms or closets must be identified and agreed to in writing by the Government. If specific use of such equipment is not identified in this agreement it is assumed that the Contractor can perform the services provided under this agreement without use of government furnished telecommunications and information systems related equipment. Any approved use of Government furnished telecommunications and information systems and equipment (including telephones, fax machines, computers, modems, networks, Internet and other installed software) shall be used for transaction of DOT official business only. DOT telecommunications and information systems are subject to security monitoring at all times. Use of these systems constitutes consent to security monitoring.

• The Contractor shall at its expense, arrange for outside telephone services to be used by parking Contractor employees for calls external to the facility. The Contractor shall utilize the office area located in the garage to provide shelter for its employees and to store supplies, materials, and equipment for the performance of this contract.

2.4. INDEMNITY AND INSURANCE

• The Contractor shall maintain proper insurance (See Section 2.4.1) and ensure that its license to operate a parking management company complies with all District of Columbia, state and federal regulations.

• The Contractor shall be responsible for considering and resolving claims resulting from the performance of this contract. The Contractor shall hold harmless and indemnify the Government against any and all claims and cost of any kind and nature, for any loss and/ or liability arising from damage to property and/ or personal injury to DOT employees and/ or guests based on actions of the Contractor and its employees acts or omissions incident to its performance under this contract.

• This indemnification includes the acts or omissions of the Contractor, any subcontractor or any employee, agent, or representative of the Contractor or subcontractor.

• The Contractor assumes liability for loss of or damage to Government personnel and Government property resulting from the performance of this contract, excluding vehicle contents. The Contractor shall maintain proper liability insurance in accordance with the Federal Acquisition Regulations System (48 CFR 28.307-2(c)) and produce legal documentation of proof of insurance no later than five (5) working days before commencement of work.

2.4.1. PROPER INSURANCE:

Type of Insurance

Per Person Bodily Injury

Property Per Accident

Comprehensive $500,000 $20,000 $200,000

General Liability

$500,000 $20,000 $200,000

2.5. WORK CLOSURES

• When an unforeseen emergency arises resulting in closure of the DOT facility or curtailment of routine work activities occurs during Normal Working Hours and affects the Contractor's scheduled operations, DOT will make announcements of closures in the following manner:

o During normal duty hours, the COR will provide notification;

o During non-duty hours, the Contractor shall observe notifications being made through local radio, television channels and online at www.OPM.gov.

o In the event of early dismissal due to inclement weather a minimum one (1) attendant should be available if deemed necessary by the COR for normal core hours.

• Hours of Operation - The Contractor's hours shall be determined by DOT requirements in accordance with sections 2.5 and 2.6 above. The Contractor shall obtain COR approval prior to initiating any variances in operating hours.

2.6. SECURITY

• DOT will have the right to impose security restrictions on use of and access to the Garage for the Department of Transportation Headquarters facility. No parking of third party vehicles shall be allowed in the Garage (other than vehicles of DOT employees and /or DOT contractors which have been approved by DOT and/ or other applicable DOT security screening procedures).

• Government rules, regulations, laws, directives, and requirements relating to law and order and security shall be applicable to all Contractor employees and/ or representatives who enter the DOT facility: violation of such shall be grounds for removal (permanently or temporarily, as DOT determines) from the work site.

2.7. GARAGE ACCEPTANCE AND INSPECTION

• Inspection and acceptance of the services called for in this effort shall be performed by the CO, COR, or the Government's designated representative.

• DOT shall monitor the Garage on aperiodic basis. There will be random routine inspections to ensure that all aspects of the SOW are being met and to ensure the Garage is in compliance with DOT HQ policy and procedures.

2.8. OPERATIONS DURING GOVERNMENT HOLIDAYS

All Government offices are closed, except for minimum essential personnel required for in-house operations, during Federal holidays. Except as otherwise specified, the Contractor shall not schedule routine work on Federal holidays. When such holidays fall on a Saturday, the preceding Friday will be considered a holiday. When such holidays fall on a Sunday, the succeeding Monday will be considered a holiday. The ten Federal holidays per year are as follows:

New Year’s Day 1st Day of January

Martin Luther King, Jr. Birthday 3rd Monday of January

President’s Day 3rd Monday of February

Memorial Day Last Monday of May

Independence Day 4th day of July

Labor Day First Monday of September

Columbus Day Second Monday of October

Veteran’s Day 11th day of November

Thanksgiving Day Fourth Thursday of November

Christmas Day 25th day of December

3. INSPECTION AND ACCEPTANCE

Inspection and Acceptance shall be subject to:

FAR 52.246-4 Inspection of Services-Fixed Price (AUG 1996)

4. PERIOD OF PERFORMANCE

The period of performance shall be not exceed 60 months inclusive of a one year base period and four one (1) year option periods.

4.1 PLACE OF DELIVERY/SERVICE:

800 Independence Avenue SW, Washington, DC 20591

5. CONTRACT ADMINISTRATION

5.1 CONTRACTING OFFICER

The CO is the only individual who can legally commit or obligate the Government for the expenditure of public funds. Only the contracting officer has authority to: (1) increase or decrease the award amount; (2) direct or negotiate any changes; (3) modify or extend the period of performance; (4) change the schedule of completion; (5) authorize payment under this contract; and (6) otherwise modify any terms or conditions of this contract.

CONTRACTING OFFICER

Ms. Robin D. Gates

202-366-XXXX

202-366-XXXX Fax Robin.Gates@dot.gov

CONTRACT SPECIALIST (CTR)

Ajmal Khan

202-366-XXXX

Ajmal.Khan.Ctr@dot.gov

5.2 CONTRACTING OFFICER REPRESENTATIVE (COR)

The COR has the responsibility to inspect all deliverables and services and authorization to certify (but not to reject or deny) invoices for payment. The authority to reject an invoice or assess deductions on an invoice is expressly reserved for the CO. The technical administration of this contract shall not be construed to authorize the revision of the terms and conditions of this contract. Any such revision shall be authorized in writing by the CO.

The following individual is:

TBD Telephone: TBD Contracting Officer Representative Email: TBD

Department of Transportation 1200 New Jersey Avenue, SE Washington DC 20590

5.3 CONTRACTOR POINT OF CONTACT

Name: TBD Title: TBD mailto:Robin.Gates@dot.gov

Email: TBD

6. PAYMENT

The vendor shall be paid in accordance with FAR 52.212-4 (i).

7. SUBMISSION OF INVOICES

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(b) ELECTRONIC PAYMENT REQUESTS. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) The Department of Transportation utilizes the Delphi eInvoicing web-portal for processing invoices. For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices to OST electronically via the Delphi eInvoicing web-portal which is accessed via https://einvoice.esc.gov, and is authenticated via www.login.gov.

All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and be credentialed through login.gov. See www.login.gov for instructions.

(d) In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web-portal shall contain the following:

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

(4) Task/Delivery Order number and title (if applicable).

(5) Amount billed (by CLIN), current and cumulative.

(6) Total ($) of billing.

(7) Cumulative total billed for all contract work to date.

https://einvoice.esc.gov/ http://www.login.gov/

(8) Name, title, phone number, and mailing address of person to be contacted in the event of a defective invoice.

If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

(e) PAYMENT SYSTEM REGISTRATION. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov.

(1) ELECTRONIC AUTHENTICATION. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account: https://login.gov/help/.

(2) To create a login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then login.gov will reply with an email confirming the email address.

(3) Agency POC’s will be responsible for communicating with vendor POC’s to initiate the Delphi eInvoicing account creation process. Vendor POC’s who will require access to the eInvoicing web-portal for invoice submission and payment tracking purposes will be required to provide their full name, valid email address, and current phone number to the agency POC to initiate the Delphi eInvoicing web-portal account. Vendor users and the agency POC will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account.

The STB POC is:

Ashle Moore 202-366-xxxx ashle.moore.ctr@dot.gov

If the Vendor has any general questions or issues accessing the iSupplier web-portal, please have them contact the ESC iSupplier helpdesk either at:

1. https://einvoice.esc.gov/

2. Call Delphi helpdesk at 1-866-641-3500, option #4, then option #3

(4) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov.

(5) ACCOUNT MANAGEMENT. Vendors are responsible to contact the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov.

https://login.gov/help/ mailto:ashle.moore.ctr@dot.gov https://einvoice.esc.gov/ http://einvoice.esc.gov/

OST vendors shall submit invoices to OST electronically via the Delphi eInvoicing web-portal.

To initiate this process, you are requested to provide OST with information (company name, contract/task order number/purchase order (PO) number, and up to two Point of Contact (POC) full names and their email addresses) as shown on the table below.

Company Name

Contract #/ Task Order #

Primary

POC

First

Name

Primary

POC

Last

Name

Primary

POC

email

Secondary POC First

Name

Secondary POC Last

Name

Secondary

POC

email

Email the above information to the following email address: ashle.moore.ctr@dot.gov.

Please note that the POCs you provide are the individuals you authorize to submit invoices to OST on behalf of your company. Your POCs will then receive a welcome letter from Delphi eInvoicing processing center with instructions on creating a Login.gov user account. This account can then be used to access the eInvoicing web-portal at http://einvoice.esc.gov.

The Vendor shall contact their COR when POCs leave their organization or will no longer be submitting invoices, with the full name, title, phone number, e-mail address, and user ID of the POC. The user ID will then be removed. If a user ID becomes inactive/times out due no activity by the POC, the Vendor shall contact their COR with the full name, title, phone number, e-mail address, and user ID of the POC to be reactivated. To prevent being timed out due to no-activity, users should login once within 45 days of their last login.

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

This 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 address:

https://www.acquisition.gov/far/.

52.202-1 Definitions Jun 2020

52.203-5 Covenant Against Contingent Fees May 2014

52.203-6 Restrictions on Subcontractor Sales to the Government Jun 2020

Alternate I

52.203-7 Anti-Kickback Procedures Jun 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Jun 2020

52.204-4 Printed or Copied double-sided on Postconsumer Fiber

Content Paper May 2011 mailto:ashle.moore.ctr@dot.gov https://www.acquisition.gov/far/

52.204-19 Incorporation by Reference of Representations and Certifications

Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities Jul 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment Aug 2020

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

52.222-50 Combating Trafficking in Persons Jun 2020

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

Jun 2020

52.225-13 Restrictions on Certain Foreign Purchases Jun 2008

52.232-1 Payments Apr 1984

52.232-18 Availability of Funds Apr 1984

52.232-33 Payment by Electronic Funds Transfer—

System for Award Management Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Dec 2013

52.233-1 Disputes May 2014

52.243-1 Changes- Fixed Price Aug 1987

Please note:

*All Offerors and prospective contractors must be registered in the System for Award

Management (SAM) with their Online Representations and Certifications Applications (ORCA) at https://www.sam.gov/ or must provide a completed copy of 52.212-3 with their quotation.

9. FAR CLAUSES IN FULL TEXT

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders-Commercial Items (Nov 2020)

(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 https://www.sam.gov/

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).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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

(Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (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 (Mar 2020) (15

U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

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

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

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

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Mar 2020) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020)

(15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (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

(Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15

U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020)

(E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

__ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–

Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42

U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014)

(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19

U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-

283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C.

5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

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

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements

(May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

(42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C.

3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, 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).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract

(except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.

793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of

FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and

E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-

Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause

52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

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

(End of Clause)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, but excluding the exercise of any option under the clause 52.217-8, Option to Extend Services, which is incorporated into this contract in full text, shall not exceed 5 years.

(End of clause)

10. DEPARTMENT OF TRANSPORTATION ACQUISITION REGULATIONS (48

CHAPTER 12) CLAUSES

TAR 1252.223-73 SEAT BELT USE POLICIES AND PROGRAMS (APR 2005)

11. INTRUCTIONS TO OFFERORS SUBMITTING QUOTATIONS

FAR 52.212-1 Instructions to Offerors - Commercial Items (Apr 2014), applies to this acquisition.

The Technical and Price proposals shall be submitted in two separate volumes. Offers must include the following information on the cover page of each volume:

1. RFP Number and Project Title

2. Offeror's Point of contact for this project including name, title, address, phone number, and email address

3. Tax Identification Number (TIN)

4. DUN & Bradstreet,/Data Universal Numbering System (DUNS)

5. North American Industrial Classification System (NAICS) Code: 812930

6. Product Service Code (PSC): M1LZ

7. The validity period of the quote [Offeror's Quotation(s) must be valid for at least 90 calendar days]

8. Provide an acknowledgement of all RFP amendments, if any (may be included in the cover letter). The acknowledgement must reference the amendment numbers."

9. The Offeror must submit with their proposals a completed Representations and

Certifications - Commercial Items (FAR 52.212-3) form. If the Offeror's

Representations and Certifications are registered in the SAM website https://www.sam.gov/portal/public/SAM/), it must be indicated in…